US v. Timothy Sanchiou

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:04-cr-00233-RLW-1 Copies to all parties and the district court/agency. [998418274] [10-6820]

US v. Timothy Sanchiou

Doc. 0

Case: 10-6820 Document: 6

Date Filed: 09/03/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6820 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TIMOTHY BERNARD SANCHIOUS, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:04-cr-00233-RLW-1) Submitted: August 26, 2010 Decided: September 3, 2010

Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Timothy Bernard Sanchious, Appellant Pro Se. Stephen Wiley Miller, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 10-6820 Document: 6

Date Filed: 09/03/2010

Page: 2

PER CURIAM: Timothy Bernard Sanchious appeals the district court's order denying his motion for reconsideration of the denial of his 18 U.S.C. § 3582(c)(2) (2006) motion for a reduction in

sentence.

We affirm. In United States v. Goodwyn, 596 F.2d 233, 235, we

concluded

that

a

district

court

is

without

jurisdiction

to

entertain a motion to alter or amend a judgment granting or denying relief on a § 3582(c) motion unless the motion to alter or amend was made to correct "an arithmetical, technical, or other clear error." Because Sanchious challenges the merits of

the district court's decision in his motion to reconsider, we conclude that the district court lacked jurisdiction to hear the motion. We court. legal before therefore affirm the judgment of the district

We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. AFFIRMED

2