US v. Luis Hernandez


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:11-cr-02062-JFA-4. Copies to all parties and the district court. [999975454]. Mailed to: Appellant. [16-6899]

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Appeal: 16-6899 Doc: 8 Filed: 11/28/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6899 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LUIS JOSE HERNANDEZ, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:11-cr-02062-JFA-4) Submitted: November 22, 2016 Before DIAZ and Circuit Judge. THACKER, Circuit Decided: Judges, November 28, 2016 and DAVIS, Senior Affirmed by unpublished per curiam opinion. Luis Jose Hernandez, Appellant Pro Se. Jane Barrett Taylor, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6899 Doc: 8 Filed: 11/28/2016 Pg: 2 of 2 PER CURIAM: Luis Jose Hernandez 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. court lacked jurisdiction to consider Because the district Hernandez’s reconsideration, we affirm the denial of relief. motion for See United States v. Goodwyn, 596 F.3d 233, 235-36 (4th Cir. 2010) (holding that district court lacks authority to grant reconsider ruling on § 3582(c)(2) motion). oral argument adequately because presented in the the facts and materials legal before motion to We dispense with contentions this court are and argument would not aid the decisional process. AFFIRMED 2

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