United States v. Edward Dickey

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7002

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

EDWARD DICKEY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Liam O’Grady, District
Judge. (1:10-cr-00305-LO-1)

Submitted: October 17, 2013 Decided: October 21, 2013

Before AGEE, DAVIS, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Edward Dickey, Appellant Pro Se. Timothy D. Belevetz, Assistant
United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Edward Dickey appeals the district court’s order

denying for lack of jurisdiction his 18 U.S.C. § 3664(k) (2006)

motion to modify his schedule of restitution payments. Although

the district court incorrectly stated that it lacked

jurisdiction, we affirm. Republican Party of N.C. v. Martin,

980 F.2d 943, 952 (4th Cir. 1992) (“[This court] may affirm a

judgment for any reason appearing on the record[.]”).

Dickey argues that his restitution payments should be

reduced because he is not presently employed while imprisoned.

However, the district court’s judgment of restitution

contemplates such an eventuality and reduces Dickey’s required

restitution payments accordingly. Therefore, Dickey has not

shown a material change in his circumstances sufficient to

warrant modification of restitution.

Accordingly, we affirm the denial of Dickey’s 18

U.S.C. § 3664(k) motion. We dispense with oral argument because

the facts and legal contentions are adequately presented in the

materials before this court and argument would not aid the

decisional process.

AFFIRMED

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