UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7313
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LEON PRATER,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp,
Jr., Senior District Judge. (5:10-cr-00041-FPS-JES-1)
Submitted: January 29, 2015 Decided: February 5, 2015
Before MOTZ, GREGORY, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Leon Prater, Appellant Pro Se. John Castle Parr, Assistant
United States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Leon Prater appeals the district court’s order denying
his request for approval to pursue a sentence reduction under
18 U.S.C. § 3582(c)(2) (2012). In denying Prater’s request, the
court concluded that Prater was not eligible for a sentence
reduction under Amendment 750 because he was sentenced as a
career offender. Prater’s sentence, however, was not based on
his status as a career offender but was the sentence agreed to
by the parties in the binding plea agreement. See Fed. R. Crim.
P. 11(c)(1)(C). Nevertheless, we conclude that Prater was not
entitled to a sentence reduction and we therefore affirm the
court’s judgment.
Prater also appeals the district court’s order denying
his motion for reconsideration. Although we conclude that the
court was without authority to consider the motion on the
merits, United States v. Goodwyn, 596 F.3d 233, 236 (4th Cir.
2010), we affirm the denial of the 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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