United States v. Calvin Green ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6013
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CALVIN BERNARD GREEN, a/k/a Aaron O. Smith, Jr., a/k/a
Calvin M. Green, a/k/a Calvin D. Smith, a/k/a Calvin Marvin
Smith, a/k/a Calvin Darnell Green, a/k/a Budda Smith, a/k/a
Calvin Darnell Smith, a/k/a William Mingo Johnson,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior
District Judge. (7:99-cr-00032-JCT-1)
Submitted: March 15, 2012 Decided: March 20, 2012
Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Calvin Bernard Green, Appellant Pro Se. Joseph W. H. Mott,
OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Calvin Bernard Green appeals the district court’s
orders denying his 18 U.S.C. § 3582(c)(2) (2006) motion for a
sentence reduction and denying his Fed. R. Civ. P. 59(e) motion
to alter or amend judgment. * We have reviewed the record and
find no reversible error. Accordingly, we affirm for the
reasons stated by the district court in its order denying
Green’s Rule 59(e) motion. United States v. Green, No. 7:99-cr-
00032-JCT-1 (W.D. Va. Dec. 16, 2011). 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 Green filed his motion for reconsideration of the
court’s order denying his § 3582(c)(2) motion within the twenty-
eight-day time limit for motions under Fed. R. Civ. P. 59(e), we
treat the motion as a Rule 59(e) motion to alter or amend
judgment. Katyle v. Penn Nat’l Gaming, Inc., 637 F.3d 462, 471
n.4 (4th Cir.), cert. denied, 132 S. Ct. 115 (2011).
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