United States v. Jonathan Johnson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-7710

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

JONATHAN DONNELL JOHNSON,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:00-cr-00136-GCM-3)

Submitted: March 29, 2016 Decided: August 1, 2016

Before KEENAN and FLOYD, Circuit Judges, and DAVIS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jonathan Donnell Johnson, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jonathan Donnell Johnson appeals the district court’s

orders denying his 18 U.S.C. § 3582(c)(2) (2012) motion for

reduction of sentence and denying his motion for an extension of

time to appeal the denial of the § 3582(c)(2) motion. * Upon

review, we conclude that the district court did not abuse its

discretion in denying Johnson’s motion for an extension, see

Fed. R. App. P. 4(b)(4), 26(b), and find no reversible error

with respect to the denial of his § 3582(c)(2) motion.

Accordingly, we affirm for the reasons stated by the district

court. United States v. Johnson, No. 3:00-cr-00136-GCM-3

(W.D.N.C. July 24 & Oct. 7, 2015). 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

* Because we construe Johnson’s motion for an extension as his notice of appeal of the order denying his § 3582(c)(2) motion, both orders are before the court.