United States v. Jose Nieves

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6437
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JOSE ANTONIO NIEVES, a/k/a Antonio Perez,
Defendant – Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:03-cr-00042-CCE-1)
Submitted: June 23, 2016 Decided: June 29, 2016
Before MOTZ, KING, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jose Antonio Nieves, Appellant Pro Se. Robert Michael Hamilton,
Angela Hewlett Miller, Assistant United States Attorneys,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jose Antonio Nieves appeals the district court’s order
denying Nieves’ motion to reconsider the court’s prior order
granting his 18 U.S.C. § 3582(c)(2) (2012) motion for a sentence
reduction. As the district court was without authority to
reconsider its ruling on Nieves’ § 3582(c)(2) motion, United
States v. Goodwyn, 596 F.3d 233, 235-36 (4th Cir. 2010), we
affirm the district court’s order denying relief on his motion
for reconsideration. 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
2