Opinion
3:07-CR-00094-RJC-SCR
11-05-2024
USA v. JOHN LYNN LATTAKER
ORDER
Robert J. Conrad, Jr., United States District Judge
THIS MATTER is before the Court upon motion of the defendant pro se to reconsider the denial, (Doc. No. 89: Order), of his motion for a sentence reduction under Amendment 821 relating to status points, (Doc. No. 87).
The United States Court of Appeals for the Fourth Circuit has ruled that neither the federal statutes nor the Rules of Criminal Procedure authorize a motion for reconsideration in a criminal case. United States v. Breit, 754 F.2d 526, 530 (4th Cir. 1985) (“[D]efendant's remedies are limited by the statutes and Federal Rules of Criminal and Appellate Procedure . . .”). Accordingly, a defendant must file a notice of appeal within 14 days after the entry of the order being appealed. Fed. R. App. P. 4(b)(1)(A)(i).
IT IS, THEREFORE, ORDERED that the defendant's motion, (Doc. No. 87), is DISMISSED.
The Clerk is directed to certify copies of this Order to the defendant and the United States Attorney.