UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6371
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
BERNARD MIDDLETON, d/b/a Cass,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:92-cr-00348-CMH-3)
Submitted: June 19, 2015 Decided: June 30, 2015
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Bernard Middleton, Appellant Pro Se. James L. Trump, Assistant
United States Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bernard Middleton appeals from the district court’s orders
denying his 18 U.S.C. § 3582(c)(2) (2012) motion and his motion
for reconsideration. Middleton contended that his sentence
exceeds the statutory maximum term to which he allegedly was
subject and that a sentencing issue was not presented to the
jury. We affirm the district court’s judgment. Middleton’s
claims are not based upon a change in the Guidelines and
therefore are not properly raised in a § 3582(c)(2) motion.
Instead, the claims sound in habeas corpus. 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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