United States of America v. Timothy Leroy Nixon

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7961
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TIMOTHY LEROY NIXON,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:08-cr-00008-RLV-DSC-1)
Submitted: March 28, 2013 Decided: April 1, 2013
Before NIEMEYER, KING, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Timothy Leroy Nixon, Appellant Pro Se. Thomas A. O’Malley,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
Amy Elizabeth Ray, Assistant United States Attorney, Asheville,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Timothy Leroy Nixon appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2006) motion for sentence
reduction and has made a motion to place his appeal in abeyance
pending the Supreme Court’s decision in United States v.
Alleyne, No. 11-9335.* We have reviewed the record and find no
reversible error. Accordingly, we deny Nixon’s motion to place
his appeal in abeyance and affirm the district court’s order.
United States v. Nixon, 5:08-cr-00008-RLV-DSC-1 (W.D.N.C. dated
Oct. 31, 2012; entered Nov. 1, 2012). 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
* The question presented in Alleyne is whether Harris v.
United States, 536 U.S. 545 (2002), should be overruled.

-- 2 of 2 --