US v. Alvin Truesdale

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999763180-2]; denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999895983-2]; denying Motion for other relief [999954827-2] Originating case number: 3:92-cr-00034-RLV-1,3:11-cv-00634-RLV Copies to all parties and the district court/agency. [999988403]. Mailed to: Alvin Bernard Truesdale FCI ESTILL FEDERAL CORRECTIONAL INSTITUTION P. O. Box 699 Estill, SC 29918-0699 Caleb Newman. [15-6980, 16-6154]

Appeal: 15-6980

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6980

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALVIN B. TRUESDALE,
Defendant - Appellant.

No. 16-6154

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALVIN B. TRUESDALE,
Defendant - Appellant.

Appeals from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (3:92-cr-00034-RLV-1)

Submitted:

October 28, 2016

Decided:

December 16, 2016

Before NIEMEYER, DIAZ, and HARRIS, Circuit Judges.

Appeal: 15-6980

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Affirmed by unpublished per curiam opinion.

Alvin Bernard Truesdale, Appellant Pro Se.
Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 15-6980

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PER CURIAM:
Alvin Truesdale appeals from the district court’s orders
granting his 18 U.S.C. § 3582(c)(2) (2012) motion for reduction of
his

sentence

based

on

Amendment

782

to

the

U.S.

Sentencing

Guidelines Manual, denying his motion for reconsideration of that
order and of the order denying an earlier § 3582(c)(2) motion, and
denying his motions for a hearing.
and find no reversible error. *

We have reviewed the record

Accordingly, we affirm for the

reasons stated by the district court.

United States v. Truesdale,

No. 3:92-cr-00034-RLV-1 (W.D.N.C. Jan. 19, 2016 & Jul. 29, 2016).
We deny Truesdale’s motions for appointment of counsel and for
release on bail pending resolution of these appeal.

We further

deny as moot his motion to include the district court’s amended
judgment in the record on 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.
AFFIRMED

*

To the extent that Truesdale sought reconsideration of the
orders addressing his § 3582(c)(2) motions, we note that a district
court has no authority to reconsider its decision on a sentence
reduction motion under 18 U.S.C. § 3582(c)(2). United States v.
Goodwyn, 596 F.3d 233, 234 (4th Cir. 2010).
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