United States v. Daniel Fountain ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7247
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DANIEL FOUNTAIN, a/k/a Danny Boy,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, Senior District Judge.
(8:10-cr-00777-RWT-8)
Submitted: January 27, 2017 Decided: February 6, 2017
Before SHEDD and WYNN, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Daniel Fountain, Appellant Pro Se. Deborah K. Johnston,
Assistant United States Attorney, Greenbelt, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daniel Fountain appeals the district court’s order denying
his motion to reconsider the district court’s denial of his 18
U.S.C. § 3582(c)(2) (2012) motion. Because the district court
lacked jurisdiction to consider Fountain’s motion for
reconsideration, we affirm the denial of relief. See United
States v. Goodwyn, 596 F.3d 233, 235–36 (4th Cir. 2010) (holding
that district court lacks authority to grant motion to
reconsider ruling on § 3582(c)(2) motion). We grant Fountain’s
motion to proceed in forma pauperis, and 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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