US v. Daniel Fountain

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed under CJA [999938995-2]. Originating case number: 8:10-cr-00777-RWT-8. Copies to all parties and the district court. [1000017463]. Mailed to: Appellant. [16-7247]

Appeal: 16-7247

Doc: 15

Filed: 02/06/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7247

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DANIEL FOUNTAIN, a/k/a Danny Boy,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
(8:10-cr-00777-RWT-8)

Submitted:

January 27, 2017

Decided:

February 6, 2017

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

Affirmed by unpublished per curiam opinion.

Daniel Fountain,
Assistant United
Appellee.

Appellant Pro Se. Deborah
States Attorney, Greenbelt,

K. Johnston,
Maryland, for

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-7247

Doc: 15

Filed: 02/06/2017

Pg: 2 of 2

PER CURIAM:
Daniel Fountain 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.
lacked

jurisdiction

to

consider

Because the district court
Fountain’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

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

grant

motion

to

We grant Fountain’s

motion to proceed in forma pauperis, and 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

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