US v. Randolph Hunt
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 3:06-cv-00471-FDW,3:02-cr-00199-FDW-1. Copies to all parties and the district court/agency. [998460612] [09-7654, 09-7698]
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US v. Randolph Hunt
Doc. 0
Case: 09-7654 Document: 11
Date Filed: 11/05/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7654 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RANDOLPH HUNT, Defendant - Appellant.
No. 09-7698 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RANDOLPH HUNT, Defendant - Appellant.
Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:02-cr-00199-FDW-1; 3:06-cv-00471-FDW) Submitted: October 26, 2010 Decided: November 5, 2010
Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dockets.Justia.com
Case: 09-7654 Document: 11
Date Filed: 11/05/2010
Page: 2
Affirmed by unpublished per curiam opinion. Randolph Hunt, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.
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Case: 09-7654 Document: 11
Date Filed: 11/05/2010
Page: 3
PER CURIAM: Randolph Hunt appeals the district court's orders
denying his motion for correction of clerical error pursuant to Fed. R. Crim. P. 36, to and 18 granting U.S.C. § his motion for sentence Hunt
reduction
pursuant
3582(c)(2)
(2006).
contends that two prior convictions were invalid, and thus their inclusion in the calculation of his criminal history category at the time of his original sentencing proceeding was erroneous. However, this belated challenge to his criminal history category cannot motion. be remedied by way of a Rule 36 motion or a § 3582
Accordingly, we affirm the district court's orders.
See United States v. Hunt, Nos. 3:02-cr-00199-FDW-1; 3:06-cv00471-FDW (W.D.N.C. June 1 & Aug. 27, 2009). oral argument because in the the facts and legal before We dispense with contentions the court are and
adequately
presented
materials
argument would not aid the decisional process. AFFIRMED
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