US v. Torrence Applewhite

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:08-cr-00058-FL-1 Copies to all parties and the district court/agency. [999766123]. Mailed to: Torrence Applewhite. [15-7913]

Appeal: 15-7913

Doc: 5

Filed: 03/02/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7913

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TORRENCE DEVON APPLEWHITE,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Louise W. Flanagan,
District Judge. (4:08-cr-00058-FL-1)

Submitted:

February 25, 2016

Decided:

March 2, 2016

Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit
Judge.

Affirmed by unpublished per curiam opinion.

Torrence Devon Applewhite, Appellant Pro Se. William Glenn Perry,
OFFICE OF THE UNITED STATES ATTORNEY, Greenville, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7913

Doc: 5

Filed: 03/02/2016

Pg: 2 of 2

PER CURIAM:
Torrence Devon Applewhite appeals the district court’s orders
denying his motion for a sentence reduction pursuant to 18 U.S.C.
§ 3582(c)(2) (2012) and his motion for reconsideration.
reviewed the record and find no reversible error.

We have

The district

court lacked authority to reduce Applewhite’s sentence below the
statutory mandatory minimum.

Melendez v. United States, 518 U.S.

120, 126-27 (1996); United States v. Allen, 450 F.3d 565, 568-70
(4th Cir. 2006). Further, the district court was without authority
to

rule

on

Applewhite’s

motion

for

reconsideration.

United

States v. Goodwyn, 596 F.3d 233, 235-36 (4th Cir. 2010).
Accordingly, we affirm the district court’s orders.

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

2