United States v. Craig Murphy

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6594

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

CRAIG A. MURPHY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:96-cr-00066-REP-17)

Submitted: August 29, 2011 Decided: September 13, 2011

Before MOTZ and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Craig A. Murphy, Appellant Pro Se. David Novak, OFFICE OF THE
UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Craig A. Murphy appeals the district court’s order

denying his motions to reduce his sentence under 18 U.S.C.

§ 3582(c) (2006) and pursuant to the All Writs Act. We have

reviewed the record and find no reversible error. Accordingly,

we affirm substantially for the reasons stated by the district

court. United States v. Murphy, No. 3:96-cr-00066-REP-17 (E.D.

Va. Apr. 7, 2011). We have reviewed Murphy’s challenge to his

sentence under the All Writs Act and conclude that this

extraordinary remedy is not available in this instance. See

United States v. Carlisle, 517 U.S. 416, 429 (1996); United

States v. Torres, 282 F.3d 1241, 1245 (10th Cir. 2002).

Accordingly, the district court properly denied Murphy’s motion

for that relief. Finally, 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