US v. Jonathan Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:00-cr-00136-GCM-3 Copies to all parties and the district court/agency. [999901141]. Mailed to: Jonathan Johnson. [15-7710]

Appeal: 15-7710

Doc: 9

Filed: 08/01/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7710

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JONATHAN DONNELL JOHNSON,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Graham C. Mullen,
Senior District Judge. (3:00-cr-00136-GCM-3)

Submitted:

March 29, 2016

Before KEENAN
Circuit Judge.

and

FLOYD,

Decided:

Circuit

Judges,

and

August 1, 2016

DAVIS,

Senior

Affirmed by unpublished per curiam opinion.

Jonathan Donnell Johnson, Appellant Pro Se. Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7710

Doc: 9

Filed: 08/01/2016

Pg: 2 of 2

PER CURIAM:
Jonathan
orders

Donnell

denying

his

Johnson

18

U.S.C.

appeals

the

§ 3582(c)(2)

district
(2012)

court’s

motion

for

reduction of sentence and denying his motion for an extension of
time to appeal the denial of the § 3582(c)(2) motion. *

Upon

review, we conclude that the district court did not abuse its
discretion in denying Johnson’s motion for an extension, see
Fed. R. App. P. 4(b)(4), 26(b), and find no reversible error
with

respect

to

the

denial

of

his

§ 3582(c)(2)

motion.

Accordingly, we affirm for the reasons stated by the district
court.

United

(W.D.N.C.

July

States
24

&

v.

Johnson,

No.

2015).

We

Oct. 7,

3:00-cr-00136-GCM-3
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

*

Because we construe Johnson’s motion for an extension as
his notice of appeal of the order denying his § 3582(c)(2)
motion, both orders are before the court.

2