United States v. Carlyle Alvarez

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6453 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CARLYLE LAVAR ALVAREZ, a/k/a Chico, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:05-cr-00075-JPB-2) Submitted: July 26, 2012 Decided: August 1, 2012 Before DUNCAN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Carlyle Lavar Alvarez, Appellant Pro Se. Paul Thomas Camilletti, Thomas Oliver Mucklow, Assistant United States Attorneys, Martinsburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Carlyle Alvarez appeals the district court’s orders denying his 18 U.S.C. § 3582(c)(2) (2006) motion for a sentence reduction and motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm the denial of Alvarez’s § 3582(c)(2) motion for the reasons stated by the district court. United States v. Alvarez, No. 3:05–cr– 00075–JPB–2 (N.D. W. Va. Feb. 10, 2012). With respect to the district court’s subsequent order, because the district court lacked the authority to consider Alvarez’s motion to reconsider, see United States v. Goodwyn, 596 F.3d 233, 235–36 (4th Cir. 2010), we affirm the district court’s denial of relief. We further deny Alvarez’s motion for the appointment of counsel. 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