United States v. Chadoyan

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 30, 2009
• Docket: 09-6177
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6177

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SARKIS CHADOYAN,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:07-cr-00212-HEH-1)

Submitted: July 16, 2009 Decided: July 30, 2009

Before WILKINSON, KING, and AGEE, Circuit Judges.

Dismissed and remanded by unpublished per curiam opinion.

Sarkis Chadoyan, Appellant Pro Se. Angela Mastandrea-Miller, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Sarkis Chadoyan filed a motion in the district court

for reduction of sentence under Fed. R. Crim. P. 35(b). The

district court docketed the motion as an appeal from the denial

of Chadoyan’s 18 U.S.C. § 3582 (2006) motion. Because our

review of the record convinces us that the document was

incorrectly docketed, we dismiss the appeal and remand to the

district court for consideration of Chadoyan’s Rule 35 motion on

the merits. 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.

DISMISSED AND REMANDED