United States v. Simpson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-6291

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ALTON LEE SIMPSON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:99-cr-00127-BO-3)

Submitted: September 22, 2006 Decided: October 13, 2006

Before TRAXLER, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Alton Lee Simpson, Appellant Pro Se. Frank DeArmon Whitney, United States Attorney, Steve R. Matheny, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Alton Lee Simpson appeals the district court’s orders

denying his motion claiming the court improperly delegated

authority to the Bureau of Prisons to set a payment schedule

pursuant to the Inmate Financial Responsibility Program for

repaying restitution and denying his motion for reconsideration.

We have reviewed the district court’s orders and the record and

affirm for the reasons stated by the district court. See United

States v. Simpson, No. 5:99-cr-00127-BO-3 (E.D.N.C. Nov. 4, 2005;

Jan. 31, 2006). Rule 36 of the Federal Rules of Criminal Procedure

does not entitle Simpson to relief as there was no clerical error.

Relief was not available to Simpson in a motion for reconsideration

or by filing a 28 U.S.C. § 2255 (2000) 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

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