United States v. Marshall

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6051
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MONTY MARSHALL, a/k/a Mustafa,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Robert G. Doumar, Senior
District Judge. (4:02-cr-00002-RGD-TEM-1)
Submitted: July 30, 2010 Decided: August 17, 2010
Before WILKINSON, KING, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Monty Marshall, Appellant Pro Se. Timothy Richard Murphy,
Special Assistant United States Attorney, Newport News,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Monty Marshall appeals the district court’s orders
granting in part the Government’s Fed. R. Crim. P. 35(b) motion
and denying Marshall’s motion for reconsideration. We have
reviewed the record and find no reversible error. Accordingly,
we affirm for the reasons stated by the district court. United
States v. Marshall, No. 4:02-cr-00002-RGD-TEM-1 (E.D. Va.
Nov. 19 & Dec. 8, 2009). In addition, we find most of
Marshall’s claims waived due to his failure to timely raise them
in district court. See Muth v. United States, 1 F.3d 246, 250
(4th Cir. 1993); Holland v. Big River Minerals Corp., 181 F.3d
597, 605 (4th Cir. 1999). We grant Marshall’s motions to seal
his informal brief and supplemental informal brief. 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
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