United States v. Dias

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6637

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

STEVE DIAS, a/k/a Troy, a/k/a O’Neil Guthrie,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:04-cr-00259-HEH-2)

Submitted: July 27, 2010 Decided: August 9, 2010

Before TRAXLER, Chief Judge, and WILKINSON and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Steve Dias, Appellant Pro Se. Olivia N. Hawkins, OFFICE OF THE UNITED STATES ATTORNEY, Stephen David Schiller, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Steve Dias appeals the district court’s order denying

his second 18 U.S.C. § 3582(c)(2) (2006) motion for reduction of

sentence. We have reviewed the record and find no reversible

error. Accordingly, we affirm. United States v. Dias, No.

3:04-cr-00259-HEH-2 (E.D. Va. Mar. 1, 2010); see also United

States v. Goodwyn, 596 F.3d 233, 234-46 (4th Cir. 2010) (holding

that district court lacked authority to grant defendant’s motion

to reconsider, filed eight months after the district court’s

order ruling on original § 3582(c)(2) motion). 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