US v. Joe Darby, No. 11-6380 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6380 UNITED STATES OF AMERICA, Plaintiff Appellee, v. JOE NATHAN DARBY, Defendant Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:05-cr-00465-RBH-1) Submitted: July 15, 2011 Decided: July 21, 2011 Before MOTZ, WYNN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Joe Nathan Darby, Appellant Pro Se. Rose Mary Sheppard Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Joe Nathan Darby seeks to appeal the district court s order denying his motion for reconsideration of an earlier order in which the court denied Darby s motion for reduction sentence pursuant to 18 U.S.C. § 3582(c)(2) (2006). * of Because the district court lacked the authority to consider Darby s motion for reconsideration, see United States v. Goodwyn, 596 F.3d 233, 235-36 (4th Cir. 2010), cert. denied, 130 S. Ct. 3530 (2010), we affirm the district court s order denying the motion. We dispense with oral argument because the facts and legal before contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED * The text order from which Darby appeals contained two additional orders related to a Fed. R. Civ. P. 59(e) motion. Darby, however, only appeals the district court s order on his motion to reconsider the denial of § 3582(c) relief. 2

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