US v. Barry Miller

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:11-cr-00229-F-1 Copies to all parties and the district court/agency. [1000032168]. Mailed to: B Miller. [16-7604]

Appeal: 16-7604

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Filed: 02/28/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7604

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BARRY LEE MILLER,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:11-cr-00229-F-1)

Submitted:

February 23, 2017

Decided:

February 28, 2017

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

Affirmed by unpublished per curiam opinion.

Barry Lee Miller, 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Unpublished opinions are not binding precedent in this circuit.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: 16-7604

Doc: 8

Filed: 02/28/2017

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PER CURIAM:
Barry Lee Miller appeals the district court’s order denying
his motion seeking reconsideration of the court’s March 2016
order

granting

his

18

U.S.C.

§ 3582(c)(2)

(2012)

motion

reducing his prison sentence from 199 to 168 months.
reviewed the record and find no reversible error.

and

We have

The district

court had no authority to reconsider its decision on a sentence
reduction motion under 18 U.S.C. § 3582(c)(2).

United States v.

Goodwyn, 596 F.3d 233, 235–36 (4th Cir. 2010).

Accordingly, we

affirm the court’s denial order.

United States v. Miller, No.

5:11-cr-00229-F-1 (E.D.N.C. Oct. 18, 2016).
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

We dispense with
contentions
this

court

are
and

argument would not aid the decisional process.

AFFIRMED

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