US v. Barry Miller


UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 16-7604 Doc: 8 Filed: 02/28/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7604 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BARRY LEE MILLER, Defendant - Appellant.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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 Pg: 2 of 2 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 2

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