US v. Bowens, No. 06-7020 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7020 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TYRONE JAVELLE BOWENS, a/k/a Ty, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:02-cr-00037-1) Submitted: December 13, 2006 Decided: January 11, 2007 Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Tyrone Javelle Bowens, Appellant Pro Se. Gretchen C. F. Shappert, United States Attorney, Matthew Theodore Martens, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tyrone Javelle Bowens appeals the district court s order denying Bowens 18 U.S.C. § 3582(c) motion, which we construe as an untimely motion to reconsider the district court s order granting the United States Fed. R. Crim. P. 35(b) motion and reducing Bowens sentence. reversible error. We have reviewed the Accordingly, we affirm. record and find no 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 - 2 -

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