United States v. Dave Taylor ( 2019 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6752
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVE ANDRAE TAYLOR, a/k/a Indian, a/k/a Nicholas, a/k/a Spike,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Robert E. Payne, Senior District Judge. (3:99-cr-00145-REP-2)
Submitted: September 26, 2019 Decided: October 23, 2019
Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Dave Andrae Taylor, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dave Andrae Taylor appeals the district court’s order denying his motion for
resentencing under § 404 of the First Step Act of 2018, Pub. L. No. 115-391, § 404,
132 Stat. 5194, 5222, for lack of jurisdiction. We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated by the district court, United
States v. Taylor, No. 3:99-cr-00145-REP-5 (E.D. Va., Apr. 3, 2019), but modify the order
to reflect denial of Taylor’s motion without prejudice. See Griggs v. Provident Consumer
Discount Co., 459 U.S. 56, 58 (1982). 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 AS MODIFIED
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