United States v. David Ward

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7359
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID CLARENCE WARD,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:02-cr-00063-MR-1)
Submitted: November 20, 2012 Decided: November 27, 2012
Before TRAXLER, Chief Judge, and SHEDD and FLOYD, Circuit
Judges.
Affirmed by unpublished per curiam opinion.
David Clarence Ward, Appellant Pro Se. Donald David Gast,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Clarence Ward appeals from the district court’s
order denying his motion to reopen his criminal case. Ward
asserted that his felon in possession of a firearm conviction
was a lesser included offense of his armed bank robbery
conviction. However, neither the federal statutes nor the Rules
of Criminal and Appellate Procedure provide for a motion to
reopen or a motion for reconsideration in a criminal case. Ward
must seek relief under 28 U.S.C.A. §§ 2241, 2255 (West Supp.
2012). United States v. Breit, 754 F.2d 526, 530–31 (4th Cir.
1985). Accordingly, we affirm the order of the district court.
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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