United States v. Barry Miller ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7604
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BARRY LEE MILLER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:11-cr-00229-F-1)
Submitted: February 23, 2017 Decided: February 28, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Barry Lee Miller, 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Unpublished opinions are not binding precedent in this circuit.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:
Barry Lee Miller appeals the district court’s order denying
his motion seeking reconsideration of the court’s March 2016
order granting his 18 U.S.C. § 3582(c)(2) (2012) motion and
reducing his prison sentence from 199 to 168 months. We have
reviewed the record and find no reversible error. The district
court had no authority to reconsider its decision on a sentence
reduction motion under 18 U.S.C. § 3582(c)(2). United States v.
Goodwyn, 596 F.3d 233, 235–36 (4th Cir. 2010). Accordingly, we
affirm the court’s denial order. United States v. Miller, No.
5:11-cr-00229-F-1 (E.D.N.C. Oct. 18, 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 the decisional process.
AFFIRMED
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