United States v. Donald Caston

U.S. Court of Appeals for the Fourth Circuit

United States v. Donald Caston

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-7012

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DONALD CASTON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:06-cr-00190-REP-1)

Submitted: October 20, 2015 Decided: October 23, 2015

Before MOTZ, KEENAN, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Donald M. Caston, Appellant Pro Se. Michael Calvin Moore, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Donald Caston appeals the district court’s orders denying

Caston a sentence reduction, pursuant to

18 U.S.C. § 3582

(c)(2)

(2012), and denying as unauthorized Caston’s motion for

reconsideration of that order. We have reviewed the record and

find no reversible error. Further, the district court properly

recognized that it lacked the authority to entertain a motion

for reconsideration in a § 3582(c)(2) proceeding. See United

States v. Goodwyn,

596 F.3d 233

, 235–36 (4th Cir. 2010). We

therefore affirm the orders for the reasons stated by the

district court. See United States v. Caston, No. 3:06–cr–00190-

REP-1 (E.D Va. May 7, 2015 & June 9, 2015). We dispense with

oral argument because the facts and legal contentions are

adequately presented in the materials before this court and

argument would not aid the decisional process.

AFFIRMED

2

Reference

Status
Unpublished