UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6741
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
STEVEN GREGORY RICHARDSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (5:05-cr-00298-F-1)
Submitted: September 4, 2009 Decided: October 1, 2009
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Steven Gregory Richardson, Appellant Pro Se. Anne Margaret
Hayes, Jennifer P. May-Parker, Assistant United States
Attorneys, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Steven Gregory Richardson appeals the district court’s
order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of
sentence. The Government has moved to dismiss the appeal on the
ground that Richardson’s notice of appeal was untimely filed.
Although the document Richardson captioned as a “motion of
Appeal” was untimely, he earlier filed a “request for
certificate of appealability” within the ten-day appeal period.
Because we construe Richardson’s “request” to be a timely notice
of appeal, see Fed. R. App. P. 3, we deny the Government’s
motion to dismiss. Nevertheless, we have reviewed the record
and find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. United States v.
Richardson, No. 5:05-cr-00298-F-1 (E.D.N.C. Jan. 26, 2009). 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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