US v. Bernard Middleton

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:92-cr-00348-CMH-3 Copies to all parties and the district court/agency. [999611820]. Mailed to: Bernard Middleton. [15-6371]

Appeal: 15-6371

Doc: 8

Filed: 06/30/2015

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6371

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
BERNARD MIDDLETON, d/b/a Cass,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:92-cr-00348-CMH-3)

Submitted:

June 19, 2015

Decided:

June 30, 2015

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

Affirmed by unpublished per curiam opinion.

Bernard Middleton, Appellant Pro Se. James L. Trump, Assistant
United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6371

Doc: 8

Filed: 06/30/2015

Pg: 2 of 2

PER CURIAM:
Bernard Middleton appeals from the district court’s orders
denying his 18 U.S.C. § 3582(c)(2) (2012) motion and his motion
for

reconsideration.

Middleton

contended

that

his

sentence

exceeds the statutory maximum term to which he allegedly was
subject and that a sentencing issue was not presented to the
jury.

We affirm the district court’s judgment.

claims

are

therefore

not

are

based

not

upon

properly

a

change

raised

in

in
a

the

argument

adequately

because

presented

in

the
the

facts

and

materials

Guidelines

§ 3582(c)(2)

Instead, the claims sound in habeas corpus.
oral

Middleton’s
and

motion.

We dispense with

legal
before

contentions
the

court

are
and

argument would not aid the decisional process.
AFFIRMED

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