US v. Demond Jackson
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:99-cr-00015-5 Copies to all parties and the district court/agency. [999083900]. Mailed to: Demond Jackson. [12-7794]
Appeal: 12-7794
Doc: 11
Filed: 04/10/2013
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7794
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEMOND JACKSON, a/k/a D.J.,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington.
Robert C. Chambers,
Chief District Judge. (3:99-cr-00015-5)
Submitted:
February 20, 2013
Decided:
April 10, 2013
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
Demond Jackson, Appellant Pro Se.
Richard Gregory McVey,
Assistant United States Attorney, Huntington, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 12-7794
Doc: 11
Filed: 04/10/2013
Pg: 2 of 2
PER CURIAM:
Demond Andre Jackson appeals from the district court’s
order denying the court’s own 18 U.S.C. § 3582 (2006) motion for
reduction
Sentencing
of
sentence
Guidelines
reconsideration.
The
under
and
the
2011
denying
court’s
initial
amendments
Jackson’s
order
was
to
the
motion
for
entered
on
January 13, 2012, and Jackson’s notice of appeal was untimely
filed, at the earliest, on October 5.
appeal
of
this
order
as
untimely.
We thus dismiss the
See
Fed.
R.
App.
P.
4(b)(1)(A) (providing for fourteen day appeal period in criminal
case); see also United States v. Mitchell, 518 F.3d 740, 750
(10th Cir. 2008) (recognizing that court may raise timeliness of
criminal appeal sua sponte).
While Jackson’s appeal from the denial of his motion
for reconsideration was timely filed, the district court was
without jurisdiction to consider a motion for reconsideration in
a § 3582 proceeding.
See United States v. Goodwyn, 596 F.3d
233, 235-36 (4th Cir. 2010).
of this motion.
facts
and
materials
legal
before
Accordingly, we affirm the denial
We dispense with oral argument because the
contentions
are
adequately
this
and
argument
court
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED IN PART;
DISMISSED IN PART
2
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