United States v. Luis Hernandez

U.S. Court of Appeals for the Fourth Circuit

United States v. Luis Hernandez

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-6899

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LUIS JOSE HERNANDEZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:11-cr-02062-JFA-4)

Submitted: November 22, 2016 Decided: November 28, 2016

Before DIAZ and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Luis Jose Hernandez, Appellant Pro Se. Jane Barrett Taylor, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Luis Jose Hernandez appeals the district court’s order

denying his motion to reconsider the district court’s denial of

his

18 U.S.C. § 3582

(c)(2) (2012) motion. Because the district

court lacked jurisdiction to consider Hernandez’s motion for

reconsideration, we affirm the denial of relief. See United

States v. Goodwyn,

596 F.3d 233, 235-36

(4th Cir. 2010) (holding

that district court lacks authority to grant motion to

reconsider ruling on § 3582(c)(2) motion). 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Unpublished