US v. Daniel Fountain


UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 16-7247 Doc: 15 Filed: 02/06/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7247 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. DANIEL FOUNTAIN, a/k/a Danny Boy,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 Affirmed by unpublished per curiam opinion.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 Deborah States Attorney, Greenbelt, K. Johnston, Maryland, for Unpublished opinions are not binding precedent in this circuit.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 2

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