US v. Sylvester Kelly, No. 09-8153 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8153 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SYLVESTER KELLY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:06-cr-00297-CMH-3) Submitted: March 30, 2010 Decided: April 5, 2010 Before WILKINSON, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Sylvester Kelly, Appellant Pro Se. Lawrence Joseph Leiser, Karen Ledbetter Taylor, Assistant United States Attorneys, Dennis Michael Fitzpatrick, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sylvester denying ruling his on Kelly motion his 18 to reversible error. Goodwyn, 596 F.3d the reconsider U.S.C. reduction in sentence. appeals district court s order court s earlier order the § 3582(c)(2) motion for a We have reviewed the record and find no Accordingly, we affirm. 233, (2006) 234-46 (4th Cir. See United States v. 2010) (holding that district court lacked authority to grant defendant s motion to reconsider, filed eight months after the district court s order ruling on original § 3582(c)(2) 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 2

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