United States v. Hunt

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7654

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RANDOLPH HUNT,

Defendant - Appellant.

No. 09-7698

Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:02-cr-00199-FDW-1; 3:06-cv-00471-FDW)

Submitted: October 26, 2010 Decided: November 5, 2010

Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion.

Randolph Hunt, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Randolph Hunt appeals the district court’s orders

denying his motion for correction of clerical error pursuant to

Fed. R. Crim. P. 36, and granting his motion for sentence

reduction pursuant to 18 U.S.C. § 3582(c)(2) (2006). Hunt

contends that two prior convictions were invalid, and thus their

inclusion in the calculation of his criminal history category at

the time of his original sentencing proceeding was erroneous.

However, this belated challenge to his criminal history category

cannot be remedied by way of a Rule 36 motion or a § 3582

motion. Accordingly, we affirm the district court’s orders.

See United States v. Hunt, Nos. 3:02-cr-00199-FDW-1; 3:06-cv-

00471-FDW (W.D.N.C. June 1 & Aug. 27, 2009). 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