US v. Nemecio Nozario, No. 10-7045 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7045 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NEMECIO BENITEZ NOZARIO, a/k/a Amigo, a/k/a Demecio, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (5:06-cr-00285-F-3) Submitted: November 18, 2010 Before SHEDD and Circuit Judge. AGEE, Circuit Decided: Judges, and December 1, 2010 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Nemecio Benitez Nozario, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Nemecio Benitez Nozario appeals the district court s orders denying his motion to compel the Government to file a Fed. R. Crim. P. 35(b) motion, and his subsequent motion for reconsideration. We reversible error. Accordingly, we affirm for the reasons stated by the district 5:06-cr-00285-F-3 dispense with have court. (E.D.N.C. oral reviewed United June argument 24 the record States & because July the and find no Nozario, No. 15, 2010). We facts and v. 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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