UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6233
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CALVIN MERLE MUNCY, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. W. Earl Britt, Senior
District Judge. (CR-97-81)
Submitted: June 23, 2005 Decided: June 29, 2005
Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Calvin Merle Muncy, Jr., Appellant Pro Se. Christine Witcover
Dean, Assistant United States Attorney, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Calvin Merle Muncy, Jr., appeals the district court’s
order denying his motion to modify the fine imposed as part of his
criminal sentence. Because only the government has the authority
under 18 U.S.C. § 3573 (2000) to petition for modification or
remission of a fine, and because the time for appealing from the
sentence pursuant to 18 U.S.C.A. § 3742 (West 2000 & Supp. 2005)
has expired, we affirm. 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
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