US v. Ernest Perry, No. 13-7806 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7806 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ERNEST PERRY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:08-cr-00399-HEH-1) Submitted: February 7, 2014 Decided: February 20, 2014 Before KING, AGEE, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Ernest Perry, Appellant Pro Se. Stephen Wiley Miller, Assistant United States Attorney, David Vincent Harbach, II, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ernest Perry appeals the district court s orders denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) (2012) and denying his motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm for substantially the reasons stated by the district court. See United States v. Goodwyn, 596 F.3d 233 (4th Cir. 2010); United States v. Perry, No. 3:08-cr-00399-HEH-1 (E.D. Va. Sept. 22, 2013; Sept. 13, 2013). oral argument adequately because presented in the the facts and materials We dispense with legal contentions are before this and court argument would not aid the decisional process. AFFIRMED We note that Fed. R. Civ. P. 59(e) does not apply to a criminal motion under 18 U.S.C. § 3582. See United States v. Goodwyn, 596 F.3d 233, 235 n.* (4th Cir. 2010). 2

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