UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7794
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEMOND JACKSON, a/k/a D.J.,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
Chief District Judge. (3:99-cr-00015-5)
Submitted: February 20, 2013 Decided: April 10, 2013
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
Demond Jackson, Appellant Pro Se. Richard Gregory McVey,
Assistant United States Attorney, Huntington, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Demond Andre Jackson appeals from the district court’s
order denying the court’s own 18 U.S.C. § 3582 (2006) motion for
reduction of sentence under the 2011 amendments to the
Sentencing Guidelines and denying Jackson’s motion for
reconsideration. The court’s initial order was entered on
January 13, 2012, and Jackson’s notice of appeal was untimely
filed, at the earliest, on October 5. We thus dismiss the
appeal of this order as untimely. See Fed. R. App. P.
4(b)(1)(A) (providing for fourteen day appeal period in criminal
case); see also United States v. Mitchell, 518 F.3d 740, 750
(10th Cir. 2008) (recognizing that court may raise timeliness of
criminal appeal sua sponte).
While Jackson’s appeal from the denial of his motion
for reconsideration was timely filed, the district court was
without jurisdiction to consider a motion for reconsideration in
a § 3582 proceeding. See United States v. Goodwyn, 596 F.3d
233, 235-36 (4th Cir. 2010). Accordingly, we affirm the denial
of this 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 IN PART;
DISMISSED IN PART
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