United States v. Daniel Fountain

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 6, 2017
• Docket: 16-7247
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-7247

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

DANIEL FOUNTAIN, a/k/a Danny Boy,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, Senior District Judge. (8:10-cr-00777-RWT-8)

Submitted: January 27, 2017 Decided: February 6, 2017

Before SHEDD and WYNN, Circuit Judges, and DAVIS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Daniel Fountain, Appellant Pro Se. Deborah K. Johnston, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Daniel Fountain appeals the district court’s order denying

his motion to reconsider the district court’s denial of his 18

U.S.C. § 3582(c)(2) (2012) motion. Because the district court

lacked jurisdiction to consider Fountain’s motion for

reconsideration, we affirm the denial of relief. See United

States v. Goodwyn, 596 F.3d 233, 235–36 (4th Cir. 2010) (holding

that district court lacks authority to grant motion to

reconsider ruling on § 3582(c)(2) motion). We grant Fountain’s

motion to proceed in forma pauperis, and 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