US v. Oscar Hernandez, No. 12-7676 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7676 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OSCAR LEON HERNANDEZ, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:96-cr-00003-JPB-1) Submitted: December 13, 2012 Decided: December 19, 2012 Before MOTZ, WYNN, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Oscar Leon Hernandez, Appellant Pro Se. Paul Thomas Camilletti, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Oscar Leon Hernandez seeks to appeal the district court s order granting his motion for reconsideration of the denial of his 18 U.S.C. § 3582(c)(2) (2006) motion for a reduction of sentence, but denying relief on reconsideration. The district court lacked the authority to consider Hernandez s motion for reconsideration. See United States v. Goodwyn, 596 F.3d 233, 236 (4th Cir. 2010). order. legal before We therefore affirm the court s We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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