United States v. Moore

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 3, 2010
• Docket: 09-7240
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7240

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SHELDON MOORE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, District Judge. (4:07-cr-00048-RBS-TEM-3)

Submitted: February 25, 2010 Decided: March 3, 2010

Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Sheldon Moore, Appellant Pro Se. Howard Jacob Zlotnick, Assistant United States Attorney, Newport News, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Sheldon Moore appeals from the district court’s order

granting the Government’s Fed. R. Crim. P. 35(b) motion and

reducing Moore’s term of imprisonment from 144 to 108 months and

denying Moore’s motion for reconsideration. On appeal, Moore

challenges the extent of the district court’s departure, which

this court has no jurisdiction to consider, absent circumstances

not here alleged. See United States v. Hill, 70 F.3d 321, 324

(4th Cir. 1995). Accordingly, we deny Moore’s motions for

appointment of counsel and for transcripts of the plea and

sentencing hearings, and dismiss the appeal. 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