UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7214
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERRY LEE GRIFFITH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (5:04-cr-00347-F-2)
Submitted: November 17, 2009 Decided: November 19, 2009
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Walter H. Paramore, III, WALTER H. PARAMORE, III, P.C.,
Jacksonville, North Carolina, for Appellant. Anne Margaret
Hayes, Assistant United States Attorney, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jerry Lee Griffith has filed an Anders * appeal of the
district court’s order granting the Government’s motion pursuant
to Fed. R. Crim. P. 35(b) and reducing his sentence. Griffith
challenges the extent of the reduction and seeks review of
sentencing issues that are not the subject of the Rule 35
motion. We conclude that the extent of the district court’s
reduction is unreviewable on appeal. See 18 U.S.C. § 3742(a)
(2006); United States v. Allen, 491 F.3d 178, 193 (4th Cir.
2007); United States v. Pridgen, 64 F.3d 147, 149 (4th Cir.
1995); United States v. Hill, 70 F.3d 321, 325 (4th Cir. 1995).
Because Griffith asserts no ground upon which this
court may review the district court’s Rule 35 determination, nor
has our independent review of the record, in accordance with
Anders, revealed any such ground, we dismiss Griffith’s appeal.
This court requires that counsel inform Griffith, in writing, of
the right to petition the Supreme Court of the United States for
further review. If Griffith requests that a petition be filed,
but counsel believes that such a petition would be frivolous,
then counsel may move in this court for leave to withdraw from
representation. Counsel’s motion must state that a copy thereof
was served on Griffith. We dispense with oral argument because
*
California v. Anders, 386 U.S. 738 (1967).
2
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
DISMISSED
3