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U.S. v. Somers

United States Court of Appeals, Fourth Circuit
Sep 7, 2010
395 F. App'x 5 (4th Cir. 2010)

Opinion

NO. 10-6830.

Submitted: August 26, 2010.

Decided: September 7, 2010.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, Senior District Judge. (1:00-cr-00360-TSE-1).

Duan A. Somers, Appellant Pro Se. Michelle C. Brice, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Duan A. Somers appeals the district court's order denying reconsideration of its previous order granting Somers' 18 U.S.C. § 3582(c)(2) (2006) motion for a sentence reduction. The district court's order reducing Somers' sentence was entered on March 20, 2008. In August 2008, Somers filed a motion for reconsideration of that order, that the district court denied. As the district court lacked the authority to grant reconsideration of its previous order, United States v. Goodwyn, 596 F.3d 233 (4th Cir.), cert. denied, ___ U.S. ___, 130 S.Ct. 3530, 177 L.Ed.2d 1110 (2010), we affirm the district court's order denying reconsideration. We dispense with oral argument as the facts and legal contentions are adequately presented in the materials before the court and argument would not aid in the decisional process.

AFFIRMED.


Summaries of

U.S. v. Somers

United States Court of Appeals, Fourth Circuit
Sep 7, 2010
395 F. App'x 5 (4th Cir. 2010)
Case details for

U.S. v. Somers

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Duan A. SOMERS…

Court:United States Court of Appeals, Fourth Circuit

Date published: Sep 7, 2010

Citations

395 F. App'x 5 (4th Cir. 2010)