USA v. Porter et al

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CRIMINAL CASE NO. 3:85-cr-00062-MR-1
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) O R D E R
)
)
WAYNE PORTER, )
)
Defendant. )
_______________________________ )
THIS MATTER is before the Court on the Defendant’s “Motion for
Reconsideration…” [Doc. 33].
The Defendant moves the Court to reconsider its Order [Doc. 30]
denying his motion to correct certain alleged “errors” in the Fourth Circuit’s
decision affirming his conviction and sentence. On the same day that the
Defendant filed this motion for reconsideration, he filed a notice of appeal to
the Court of Appeals for the Fourth Circuit. [Doc. 31]. The filing of this notice
of appeal divested this Court of jurisdiction over the case and conferred
jurisdiction upon the Fourth Circuit. See United States v. Christy, 3 F.3d 765,
767 (4th Cir. 1993). Accordingly, the Court lacks jurisdiction to dispose of
the Defendant’s motion.
Case 3:85-cr-00062-MR Document 36 Filed 05/20/20 Page 1 of 2

2
IT IS, THEREFORE, ORDERED that the Defendant’s “Motion for
Reconsideration…” [Doc. 33] is DENIED.
IT IS SO ORDERED. Signed: May 20, 2020
Case 3:85-cr-00062-MR Document 36 Filed 05/20/20 Page 2 of 2