United States v. Charles Izac ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7741
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHARLES D. IZAC,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:02-cr-00058-JPB-JSK-1)
Submitted: February 21, 2013 Decided: February 25, 2013
Before AGEE and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Charles D. Izac, Appellant Pro Se. Paul Thomas Camilletti,
Assistant United States Attorney, Martinsburg, West Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles D. Izac appeals the district court’s order
denying relief on his motion for review of his sentence. We
have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district
court. United States v. Izac, No. 3:02-cr-00058-JPB-JSK-1
(N.D.W. Va. Sept. 5, 2012). To the extent that Izac intends for
his motion for review of his sentence to be considered by this
court pursuant to 18 U.S.C. § 3742(A), we deny the motion as
untimely. * 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 appeal period in criminal cases is not
jurisdictional, but rather a claim-processing rule, Bowles v.
Russell, 551 U.S. 205, 209–14 (2007); United States v. Urutyan,
564 F.3d 679, 685 (4th Cir. 2009), where, as here, review is
sought more than five years after the entry of the judgment, we
may exercise our inherent power to dismiss it. See United
States v. Mitchell, 518 F.3d 740, 744, 750 (10th Cir. 2008).
2