United States v. Samuel

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 20, 2011
• Docket: 10-7423
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7423

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DARRELL W. SAMUEL,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., District Judge. (3:94-cr-00773-JFA-1)

Submitted: January 13, 2011 Decided: January 20, 2011

Before MOTZ, KING, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Darrell W. Samuel, Appellant Pro Se. Jimmie Ewing, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Darrell W. Samuel appeals a district court order

denying his motion to reconsider the order granting a sentence

reduction under 18 U.S.C. § 3582(c) (2006). The district court

found it was without jurisdiction, citing United States v.

Goodwyn, 596 F.3d 233, 236 (4th Cir.), cert. denied, 130 S. Ct.

3530 (2010). We conclude the court correctly denied Samuel’s

motion. Accordingly, we affirm. 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