US v. Clyde Kirby Whitley

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:07-cr-00080-FL-1 Copies to all parties and the district court/agency. [999628004]. Mailed to: Whitley. [14-7748]

Appeal: 14-7748

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Filed: 07/27/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7748

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CLYDE KIRBY WHITLEY,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:07-cr-00080-FL-1)

Submitted:

July 23, 2015

Decided:

July 27, 2015

Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Clyde Kirby Whitley, Appellant Pro Se. Jane J. Jackson, Assistant
United States Attorney, Seth Morgan Wood, OFFICE OF THE UNITED
STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-7748

Doc: 29

Filed: 07/27/2015

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PER CURIAM:
Clyde Kirby Whitley noted an appeal from the district court’s
order reducing his sentence pursuant to Federal Rule of Criminal
Procedure 35(b).

In his informal brief, Whitley explains that he

did not intend to appeal that order.
a

subsequent

order

denying

his

Instead, he seeks review of
motion

for

reconsideration.

Whitley, however, did not file a notice of appeal of the order
denying his motion for reconsideration in the district court.
Because Whitley does not assert any error in the court’s order
reducing his sentence and the order Whitley seeks to appeal is not
properly before this court, we dismiss Whitley’s appeal.

We

dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before this court and
argument would not aid the decisional process.
DISMISSED

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