U.S. Court of Appeals for the Fourth Circuit, 2017

United States v. Demaine Benjamin

U.S. Court of Appeals for the Fourth Circuit · Decided July 25, 2017 · Duncan, Wynn, Hamilton

693 F. App'x 259

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Demaine Diwan Benjamin appeals the district court’s orders denying relief on his motion for reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2) (2012) and denying his motion for reconsideration. * We have reviewed the record and find no reversible error. See United States v. Muldrow, 844 F.3d 434, 437 (4th Cir. 2016) (providing standard). Accordingly, we affirm. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

Although a district court lacks authority to reconsider a ruling'on a § 3582(c)(2) motion, “this prohibition [is] non-jurisdictional, and thus waived when the government fail[s] to assert it below.” United States v. May, 855 F.3d 271, 274 (4th Cir. 2017). Here, "Re-cause the government failed to raise this non-jurisdictional limitation below, it is waived on appeal.” Id. at 275. We therefore analyze Benjamin's § 3582(c)(2) motion and motion for reconsideration together.

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