United States v. Anthony Olvis ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6195
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY L. OLVIS, a/k/a Tony,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Robert G. Doumar, Senior
District Judge. (4:95-cr-00038-RGD-1)
Submitted: June 25, 2015 Decided: June 29, 2015
Before GREGORY, FLOYD, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony L. Olvis, Appellant Pro Se. Robert Edward Bradenham, II,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony L. Olvis appeals the district court’s orders sua
sponte granting Olvis a sentence reduction, pursuant to 18 U.S.C.
§ 3582(c)(2) (2012), * and denying as unauthorized Olvis’ motion
for reconsideration of that order. We have reviewed the record
and find no reversible error. Further, the district court properly
recognized that it lacked the authority to entertain a motion for
reconsideration in a § 3582(c)(2) proceeding. See United States
v. Goodwyn, 596 F.3d 233, 235–36 (4th Cir. 2010). We therefore
affirm the orders for the reasons stated by the district court.
See United States v. Olvis, No. 4:95–cr–00038-RGD-1 (E.D Va. filed
Dec. 9, 2014 & entered Dec. 10, 2014; filed Jan. 21, 2015 & entered
Jan. 23, 2015). 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
* Although the district court granted Olvis a two-level
reduction pursuant to Guidelines Amendment 782, the court declined
to further reduce Olvis’ sentence.
2