US v. Terveus Hyppolite

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [1000281437-4]; denying Motion to vacate [1000281437-2]; denying Motion to remand case [1000281437-3]; granting Motion to strike [1000267245-2]; administratively terminating Motion to stay the informal briefing schedule [1000264778-2]. Originating case number: 4:93-cr-00040-H-2. Copies to all parties and the district court/agency. [1000295950]. Mailed to: Terveus Hyppolite FCI COLEMAN MEDIUM FEDERAL CORRECTIONAL INSTITUTION P. O. Box 1032 Coleman, FL 33521-0000. [17-7200]

Appeal: 17-7200

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-7200

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TERVEUS HYPPOLITE,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at
Greenville. Malcolm J. Howard, Senior District Judge. (4:93-cr-00040-H-2)

Submitted: May 15, 2018

Decided: May 17, 2018

Before WILKINSON, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Terveus Hyppolite, Appellant Pro Se. Jennifer P. May-Parker, Seth Morgan Wood,
Assistant United States Attorneys, OFFICE OF THE UNITED STATES ATTORNEY
Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 17-7200

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PER CURIAM:
Terveus Hyppolite appeals the district court’s order denying his motion for
reconsideration of the court’s prior orders denying relief on his 18 U.S.C. § 3582(c)(2)
(2012) motion. We conclude that the court did not abuse its discretion in denying the
motion because Hyppolite’s Sentencing Guidelines range remains 360 months’ to life
imprisonment after application of the retroactive drug amendments due to his status as a
career offender. See United States v. Muldrow, 844 F.3d 434, 437 (4th Cir. 2016) (stating
standard).

Accordingly, we affirm the district court’s judgment.

United States v.

Hyppolite, No. 4:93-cr-00040-H-2 (E.D.N.C. Aug. 21, 2017). We deny Hyppolite’s
motion for appointment of counsel and to vacate and remand and grant his motion to strike
his motion to stay the informal briefing schedule. 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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