United States v. Paige , 117 F. App'x 275 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7382
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES PAIGE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, District
Judge. (CR-90-236)
Submitted: December 16, 2004 Decided: December 23, 2004
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Paige, Appellant Pro Se. Michael R. Smythers, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James Paige seeks to appeal the district court’s order
denying a petition for clemency, which was filed by Paige’s mother
and his aunt and construed by the district court as a motion for
modification of Paige’s criminal sentence. The district court
denied the motion on its merits. Because Paige is not a party to
or an intervenor in the proceeding filed by his relatives, he lacks
standing to challenge that decision on appeal. Davis v. Scott, 176
F.3d 805 (4th Cir. 1999) (holding that federal prisoner did not
have standing to appeal dismissal of habeas corpus petition filed
by his wife “on behalf of” her husband). Accordingly, we dismiss
Paige’s 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
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