US v. Randolph Hunt, No. 09-7654 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7654 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RANDOLPH HUNT, Defendant - Appellant. No. 09-7698 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RANDOLPH HUNT, Defendant - Appellant. Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:02-cr-00199-FDW-1; 3:06-cv-00471-FDW) Submitted: October 26, 2010 Decided: November 5, 2010 Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Randolph Hunt, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Randolph Hunt appeals the district court s orders denying his motion for correction of clerical error pursuant to Fed. R. Crim. reduction P. pursuant 36, to and 18 granting U.S.C. § his motion 3582(c)(2) for sentence (2006). Hunt contends that two prior convictions were invalid, and thus their inclusion in the calculation of his criminal history category at the time of his original sentencing proceeding was erroneous. However, this belated challenge to his criminal history category cannot be motion. remedied by way of a Rule 36 motion or a § 3582 Accordingly, we affirm the district court s orders. See United States v. Hunt, Nos. 3:02-cr-00199-FDW-1; 3:06-cv00471-FDW (W.D.N.C. June 1 & Aug. 27, 2009). We dispense with oral contentions argument adequately because presented in the the facts and materials legal before the court are and argument would not aid the decisional process. AFFIRMED 3
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