US v. Duan Somer


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:00-cr-00360-TSE-4. Copies to all parties and the district court/agency. [998419148] [10-6830]

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US v. Duan Somer Doc. 0 Case: 10-6830 Document: 7 Date Filed: 09/07/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6830 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DUAN A. SOMERS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:00-cr-00360-TSE-4) Submitted: August 26, 2010 Decided: September 7, 2010 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Duan A. Somers, Appellant Pro Se. Michelle C. Brice, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Case: 10-6830 Document: 7 Date Filed: 09/07/2010 Page: 2 PER CURIAM: Duan A. Somers appeals the district court's order denying reconsideration of its previous order granting Somers' 18 U.S.C. 3582(c)(2) (2006) motion for a sentence reduction. The district court's order reducing Somers' sentence was entered on March 20, 2008. In August 2008, Somers filed a motion for reconsideration of that order, that the district court denied. As the district court lacked the authority to grant reconsideration of its previous order, United States v. Goodwyn, 596 F.3d 233 (4th Cir. 2010), cert. denied, 2010 WL 2151021 (U.S. June 28, 2010), we affirm the district court's order denying reconsideration. facts and legal We dispense with oral argument as the are adequately presented in the contentions materials before the court and argument would not aid in the decisional process. AFFIRMED 2

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