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U.S. v. Darby

United States Court of Appeals, Fourth Circuit
Jul 21, 2011
439 F. App'x 238 (4th Cir. 2011)

Opinion

No. 11-6380.

Submitted: July 15, 2011.

Decided: July 21, 2011.

Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge (4:05-cr-00465-RBH-1).

Before MOTZ, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joe Nathan Darby, Appellant Pro Se. Rose Mary Sheppard Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.


Joe Nathan Darby seeks to appeal the district court's order denying his motion for reconsideration of an earlier order in which the court denied Darby's motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) (2006). Because the district court lacked the authority to consider Darby's motion for reconsideration, see United States v. Goodwyn, 596 F.3d 233, 235-36 (4th Cir. 2010), cert. denied, 130 S. Ct. 3530 (2010), we affirm the district court's order denying the motion.

The text order from which Darby appeals contained two additional orders related to a Fed.R.Civ.P. 59(e) motion. Darby, however, only appeals the district court's order on his motion to reconsider the denial of § 3582(c) relief.

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


Summaries of

U.S. v. Darby

United States Court of Appeals, Fourth Circuit
Jul 21, 2011
439 F. App'x 238 (4th Cir. 2011)
Case details for

U.S. v. Darby

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOE NATHAN DARBY…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jul 21, 2011

Citations

439 F. App'x 238 (4th Cir. 2011)