Opinion

United States v. Brown

Court
Court of Appeals for the Fourth Circuit
Filed
May 30, 2008
Status
Unpublished
Cited by
0 cases
Authority
More cited than 28.6%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6277

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ANTHONY LEON BROWN, a/k/a Amp,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Greenville. Malcolm J. Howard,

Senior District Judge. (5:98-cr-00120-H-1)

Submitted: May 22, 2008 Decided: May 30, 2008

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Anthony Leon Brown, Appellant Pro Se. John Howarth Bennett, OFFICE

OF THE UNITED STATES ATTORNEY, Greenville, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Anthony Leon Brown appeals the district court’s order

denying his motion for reconsideration of its order refusing to

compel specific performance of the Government’s Fed. R. Crim. P.

35(b) motion.* We have reviewed the record and find no reversible

error. Accordingly, we affirm for the reasons stated by the

district court. See United States v. Brown, No. 5:98-cr-00120-H-1

(E.D.N.C. filed Jan. 21, 2008; entered Jan. 23, 2008). 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

*

Because Brown’s motion for reconsideration was filed December

5, 2007, see Houston v. Lack, 487 U.S. 266, 276 (1988), more than

ten days after entry of the underlying order, only the district

court’s order denying his motion for reconsideration is before the

court. See Fed. R. Civ. P. 59(e), 60(c); Fed. R. App. P.

4(a)(4)(A), 6(a).

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