United States v. Mears

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6268 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RICHARD DEAN MEARS, Defendant - Appellant. No. 98-6269 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RICHARD DEAN MEARS, Defendant - Appellant. Appeals from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. Richard C. Erwin, Senior District Judge. (CR-84-194, CR-84-218) Submitted: November 19, 1998 Decided: December 1, 1998 Before HAMILTON and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Richard Dean Mears, Appellant Pro Se. Douglas Cannon, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Richard Mears appeals orders of the district court denying his motion to rescind restitution and clarify his sentence. The dis- trict court denied the motion on the ground that Mears’s arguments were not compelling. We conclude that the district court lacked jurisdiction to grant the relief sought by Mears. As he is outside the time limits specified in Fed. R. Crim. P. 35, Mears must chal- lenge his sentence pursuant to 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We therefore affirm the district court orders denying the motions. AFFIRMED 2