United States of America v. Turner, 59 F.3d 481, 483 4th Cir. 1995 . “A court . . . abuses its discretion if it…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7143
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
NATHANIEL WATKINS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, District
Judge. (CR-90-260)
Submitted: September 23, 2005 Decided: October 27, 2005
Before TRAXLER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Vacated and remanded by unpublished per curiam opinion.
Nathaniel Watkins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Nathaniel Watkins appeals the district court’s orders
denying his motions filed under 18 U.S.C.A. § 3582(c)(2) (West
2000 & Supp. 2005), and Fed. R. Civ. P. 59(e). We review the
denial of a motion to modify a sentence for abuse of discretion.
United States v. Turner, 59 F.3d 481, 483 (4th Cir. 1995). “A
court . . . abuses its discretion if it makes a mistake of law.”
Randall v. Prince George’s County, 302 F.3d 188, 211 (4th Cir.
2002); James v. Jacobson, 6 F.3d 233, 239 (4th Cir. 1993). We have
reviewed the record and the district court’s order and conclude
that the district court mistakenly believed it did not have
jurisdiction to consider Watkins’ motion on the merits. See U.S.
Sentencing Guidelines Manual § 1B1.10 (2000) (stating that
Amendment 591 applies retroactively). Accordingly, we vacate the
district court’s orders and remand for further proceedings. 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.
VACATED AND REMANDED

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