United States v. Robert Wilkerson , 653 F. App'x 230 ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6511
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ROBERT MOSES WILKERSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard,
Senior District Judge. (5:96-cr-00167-H-1)
Submitted: June 23, 2016 Decided: June 29, 2016
Before MOTZ, KING, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert Moses Wilkerson, Appellant Pro Se. Jennifer P.
May-Parker, Assistant United States Attorney, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Moses Wilkerson appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2012) motion for sentence
reduction based on Amendment 782 to the Sentencing Guidelines,
as well as its order denying Wilkerson’s motion for
reconsideration. We have reviewed the record and agree with the
district court that Amendment 782 did not alter Wilkerson’s
Guidelines range on his narcotics conviction. Thus, we affirm
the district court’s order denying § 3582(c)(2) relief. See
United States v. Wilkerson, No. 5:96-cr-00167-H-1 (E.D.N.C. Jan.
14, 2016).
In addition, the district court lacked authority to
reconsider its order denying Wilkerson’s § 3582(c)(2) motion.
See United States v. Goodwyn, 596 F.3d 233, 235-36 (4th Cir.
2010). Accordingly, we also affirm the district court’s order
denying Wilkerson’s motion for reconsideration. See United
States v. Wilkerson, No. 5:96-cr-00167-H-1 (E.D.N.C. Mar. 30,
2016). 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 in the decisional
process.
AFFIRMED
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