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

United States v. Arnold Mark Henry

U.S. Court of Appeals for the Fourth Circuit · Decided December 28, 2017 · Duncan, Hamilton, Per Curiam, Wilkinson

707 F. App'x 207

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Arnold Mark Henry appeals the district court’s order denying relief on his 18 U.S.C. § 3582(c)(2) (2012) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm substantially for the reasons stated by the district court. * United States v. Henry, No. 2:93-cr-00131-HCM-3 (E.D. Va. July 28, 2017). 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

While a district court lacks authority to rule on a successive § 3582(c)(2) motion, "this prohibition [is] non-jurisdictional, and thus waived when the government failed to assert it below.” United States v. May, 855 F.3d 271, 274 (4th Cir. 2017). Here, "[b]ecause the government failed to raise this non-jurisdictional limitation below, it is waived on appeal.” Id. at 275.

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