UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7654
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RANDOLPH HUNT,
Defendant - Appellant.
No. 09-7698
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RANDOLPH HUNT,
Defendant - Appellant.
Appeals from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:02-cr-00199-FDW-1; 3:06-cv-00471-FDW)
Submitted: October 26, 2010 Decided: November 5, 2010
Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Randolph Hunt, Appellant Pro Se. Amy Elizabeth Ray, Assistant
United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Randolph Hunt appeals the district court’s orders
denying his motion for correction of clerical error pursuant to
Fed. R. Crim. P. 36, and granting his motion for sentence
reduction pursuant to 18 U.S.C. § 3582(c)(2) (2006). Hunt
contends that two prior convictions were invalid, and thus their
inclusion in the calculation of his criminal history category at
the time of his original sentencing proceeding was erroneous.
However, this belated challenge to his criminal history category
cannot be remedied by way of a Rule 36 motion or a § 3582
motion. Accordingly, we affirm the district court’s orders.
See United States v. Hunt, Nos. 3:02-cr-00199-FDW-1; 3:06-cv-
00471-FDW (W.D.N.C. June 1 & Aug. 27, 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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