United States v. Wyatt ( 2005 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 05-7107
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    ANTHONY FLOYD WYATT,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Senior
    District Judge. (CR-01-330; CA-04-1102)
    Submitted:   December 5, 2005          Decided:     December 20, 2005
    Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Anthony Floyd Wyatt, Appellant Pro Se. Kimberly A. Riley, OFFICE
    OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Anthony Floyd Wyatt seeks to appeal the district court’s
    order denying relief on his motion for reconsideration of the
    denial of his motion to modify his sentence pursuant to 
    28 U.S.C. § 3582
    (c)(2) (2000).*       We have reviewed the record and find no
    reversible error. Accordingly, we affirm for the reasons stated by
    the district court.        See United States v. Wyatt, No. CR-01-330
    (E.D. Va. June 9, 2005).       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.
    AFFIRMED
    *
    Wyatt’s July 5, 2005 notice of appeal was not filed within
    ten days of the May 10, 2005 denial of his § 3582 motion, so we do
    not have jurisdiction to review that order. See United States v.
    Alvarez, 
    210 F.3d 309
    , 310 (5th Cir. 2000). To the extent Wyatt
    seeks to appeal the district court’s April 9, 2005 denial of his 
    28 U.S.C. § 2255
     (2000) motion, his notice of appeal was untimely, so
    we have no jurisdiction to review that order. See Fed. R. App. P.
    4.
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Document Info

Docket Number: 05-7107

Filed Date: 12/20/2005

Precedential Status: Non-Precedential

Modified Date: 4/18/2021