UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-8153
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SYLVESTER KELLY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:06-cr-00297-CMH-3)
Submitted: March 30, 2010 Decided: April 5, 2010
Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Sylvester Kelly, Appellant Pro Se. Lawrence Joseph Leiser,
Karen Ledbetter Taylor, Assistant United States Attorneys,
Dennis Michael Fitzpatrick, OFFICE OF THE UNITED STATES
ATTORNEY, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sylvester Kelly appeals the district court’s order
denying his motion to reconsider the court’s earlier order
ruling on his 18 U.S.C. § 3582(c)(2) (2006) motion for a
reduction in sentence. We have reviewed the record and find no
reversible error. Accordingly, we affirm. See United States v.
Goodwyn, 596 F.3d 233, 234-46 (4th Cir. 2010) (holding that
district court lacked authority to grant defendant’s motion to
reconsider, filed eight months after the district court’s order
ruling on original § 3582(c)(2) motion). 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
2