United States v. Donald Lewis

U.S. Court of Appeals for the Fourth Circuit

United States v. Donald Lewis

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-7113

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DONALD ELBERT LEWIS, a/k/a Peptone,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Louise W. Flanagan, District Judge. (4:12-cr-00068-FL-2)

Submitted: December 15, 2016 Decided: December 20, 2016

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Donald Elbert Lewis, Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Donald Elbert Lewis appeals from the district court’s order

denying his motion for reconsideration of the court’s November

2015 order denying his

18 U.S.C. § 3582

(c)(2) (2012) motion for

reduction of his sentence based on Amendment 782 to the U.S.

Sentencing Guidelines Manual. We have reviewed the record and

find no reversible error. Accordingly, we affirm the district

court’s order. See United States v. Goodwyn,

596 F.3d 233, 234

(4th Cir. 2010) (a district court has no authority to reconsider

its decision on a sentence reduction motion under

18 U.S.C. § 3582

(c)(2)). 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Unpublished