United States v. Moore ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7240
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SHELDON MOORE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Rebecca Beach Smith,
District Judge. (4:07-cr-00048-RBS-TEM-3)
Submitted: February 25, 2010 Decided: March 3, 2010
Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Sheldon Moore, Appellant Pro Se. Howard Jacob Zlotnick,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sheldon Moore appeals from the district court’s order
granting the Government’s Fed. R. Crim. P. 35(b) motion and
reducing Moore’s term of imprisonment from 144 to 108 months and
denying Moore’s motion for reconsideration. On appeal, Moore
challenges the extent of the district court’s departure, which
this court has no jurisdiction to consider, absent circumstances
not here alleged. See United States v. Hill, 70 F.3d 321, 324
(4th Cir. 1995). Accordingly, we deny Moore’s motions for
appointment of counsel and for transcripts of the plea and
sentencing hearings, and dismiss the appeal. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.
DISMISSED
2