UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6834
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRANK ESQUIVEL,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:05-cr-00026-F-1)
Submitted: November 22, 2016 Decided: November 28, 2016
Before DIAZ and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Frank Esquivel, Appellant Pro Se. Jennifer P. May-Parker,
Rudolf A. Renfer, Jr., Stephen Aubrey West, Assistant United
States Attorneys, Kimberly Ann Moore, Seth Morgan Wood, OFFICE
OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Frank Esquivel appeals the district court’s orders denying
relief on his 18 U.S.C. § 3582(c)(2) (2012) motion for reduction
of sentence and denying his motion for reconsideration. We have
reviewed the record and find that the district court did not
abuse its considerable discretion in denying Esquivel’s
§ 3582(c)(2) motion. Accordingly, we affirm the denial of
§ 3582(c)(2) relief on the reasoning of the district court.
United States v. Esquivel, No. 5:05-cr-00026-F-1 (E.D.N.C. Apr.
13, 2016). Because the district court lacked jurisdiction to
consider Esquivel’s motion for reconsideration, we affirm the
denial of that order. See United States v. Goodwyn, 596 F.3d
233, 234 (4th Cir. 2010) (holding that district court lacks
authority to grant motion to reconsider ruling on § 3582(c)(2)
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
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