United States v. Simpson ( 2006 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-6291
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    ALTON LEE SIMPSON,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.   Terrence W. Boyle,
    District Judge. (5:99-cr-00127-BO-3)
    Submitted:   September 22, 2006           Decided:   October 13, 2006
    Before TRAXLER, KING, and GREGORY, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Alton Lee Simpson, Appellant Pro Se. Frank DeArmon Whitney, United
    States Attorney, Steve R. Matheny, OFFICE OF THE UNITED STATES
    ATTORNEY, Raleigh, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Alton Lee Simpson appeals the district court’s orders
    denying    his    motion   claiming     the   court   improperly    delegated
    authority to the Bureau of Prisons to set a payment schedule
    pursuant   to    the   Inmate    Financial    Responsibility    Program   for
    repaying restitution and denying his motion for reconsideration.
    We have reviewed the district court’s orders and the record and
    affirm for the reasons stated by the district court.               See United
    States v. Simpson, No. 5:99-cr-00127-BO-3 (E.D.N.C. Nov. 4, 2005;
    Jan. 31, 2006).     Rule 36 of the Federal Rules of Criminal Procedure
    does not entitle Simpson to relief as there was no clerical error.
    Relief was not available to Simpson in a motion for reconsideration
    or by filing a 
    28 U.S.C. § 2255
     (2000) motion.              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
    - 2 -
    

Document Info

Docket Number: 06-6291

Filed Date: 10/13/2006

Precedential Status: Non-Precedential

Modified Date: 4/18/2021