Filed: September 6, 2001
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6383
(CR-94-802)
United States of America,
Plaintiff - Appellee,
versus
Alonza Dacosta Grant,
Defendant - Appellant.
O R D E R
The court amends its opinion filed August 8, 2001, as follows:
On the cover sheet, section 3, line 3 -- the district court
number is corrected to read “CR-94-802.”
For the Court - By Direction
/s/ Patricia S. Connor
Clerk
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6383
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ALONZA DACOSTA GRANT,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Henry M. Herlong, Jr., District Judge.
(CR-94-802)
Submitted: July 31, 2001 Decided: August 8, 2001
Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Alonza Dacosta Grant, Appellant Pro Se. Jon Rene Josey, OFFICE OF
THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alonza Dacosta Grant appeals the district court’s order deny-
ing his motion for “downward departure” based on extraordinary phy-
sical impairment. Grant’s motion is properly characterized as a
motion for modification of sentence. The circumstances under which
a district court may modify a sentence are strictly limited by Fed.
R. Crim. P. 35, and 18 U.S.C.A. §§ 3582(c), 3742 (West 2000). None
of these provisions grant the district court authority to modify
Grant’s sentence based on the grounds asserted.
Accordingly, we affirm the district court’s order. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
3