US v. Joe Darby

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:05-cr-00465-RBH-1 Copies to all parties and the district court/agency. [998636862]. Mailed to: Joe Nathan Darby #12698-171 FCI BEAUMONT MEDIUM FEDERAL CORRECTIONAL INSTITUTION P. O. Box 26040 Beaumont, TX 77720-0000. [11-6380]

Appeal: 11-6380

Document: 7

Date Filed: 07/21/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6380

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JOE NATHAN DARBY,
Defendant – Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:05-cr-00465-RBH-1)

Submitted:

July 15, 2011

Decided:

July 21, 2011

Before MOTZ, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joe Nathan Darby, Appellant Pro Se. Rose Mary Sheppard Parham,
Assistant United States Attorney, Florence, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6380

Document: 7

Date Filed: 07/21/2011

Page: 2 of 2

PER CURIAM:
Joe Nathan Darby seeks to appeal the district court’s
order denying his motion for reconsideration of an earlier order
in

which

the

court

denied

Darby’s

motion

for

reduction

sentence pursuant to 18 U.S.C. § 3582(c)(2) (2006). *

of

Because the

district court lacked the authority to consider Darby’s motion
for reconsideration, see United States v. Goodwyn, 596 F.3d 233,
235-36 (4th Cir. 2010), cert. denied, 130 S. Ct. 3530 (2010), we
affirm the district court’s order denying the motion.
We dispense with oral argument because the facts and
legal
before

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

AFFIRMED

*

The text order from which Darby appeals contained two
additional orders related to a Fed. R. Civ. P. 59(e) motion.
Darby, however, only appeals the district court’s order on his
motion to reconsider the denial of § 3582(c) relief.

2