US v. Gerald Felton

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:93-cr-00123-F-1 Copies to all parties and the district court/agency. [999903446]. Mailed to: Gerald Felton. [16-6094]

Appeal: 16-6094

Doc: 9

Filed: 08/03/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6094

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GERALD FELTON,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:93-cr-00123-F-1)

Submitted:

July 28, 2016

Before NIEMEYER
Circuit Judge.

and

MOTZ,

Decided:

Circuit

Judges,

and

August 3, 2016

DAVIS,

Senior

Affirmed by unpublished per curiam opinion.

Gerald Felton, Appellant Pro Se.
Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6094

Doc: 9

Filed: 08/03/2016

Pg: 2 of 2

PER CURIAM:
Gerald Felton appeals the district court’s order denying
his motion to reconsider the district court’s denial of his 18
U.S.C. § 3582(c)(2) (2012) motion to reduce his sentence based
on

Amendment

782

to

the

Sentencing

Guidelines.

Because

the

district court lacked jurisdiction to consider Felton’s motion
for reconsideration, we affirm the denial of relief.

See United

States v. Goodwyn, 596 F.3d 233, 234 (4th Cir. 2010) (holding
that

district

court

lacks

authority

to

reconsider ruling on § 3582(c)(2) motion).
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

grant

motion

to

We dispense with

legal
before

contentions
this

court

are
and

argument would not aid the decisional process.
AFFIRMED

2