CORRECTED OPINION
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8368
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID ZEBROWSKI, a/k/a Dog, a/k/a David Stewart, a/k/a Lewis
Brady, a/k/a Mad Dog, a/k/a Eric Conrad Smith,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:96-cr-00041-JRS-3)
Submitted: February 26, 2009 Decided: March 30, 2009
Corrected Opinion Filed: August 28, 2009
Before MICHAEL, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Zebrowski, Appellant Pro Se. Richard Daniel Cooke,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Zebrowski appeals a district court order
granting his motion for a sentence reduction under 18 U.S.C.
§ 3582(c) (2006). Under the amendments to the Guidelines,
Zebrowski’s total offense level was 39. His amended range of
imprisonment was 292 to 365 months’ imprisonment. On October
15, 2008, the court granted Zebrowski’s motion and lowered his
original 360-month sentence to 336 months’ imprisonment. In
response, Zebrowski filed a timely notice of appeal and a motion
for reconsideration. While the appeal was pending, the district
court granted the motion for reconsideration and lowered
Zebrowski’s sentence to 294 months’ imprisonment. Because the
court granted the motion for reconsideration and ordered a new
sentence, the appeal from the October 15, 2008 order is moot.
Accordingly, we dismiss the appeal as moot. 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.
DISMISSED
2