United States of America v. Sarkis Chadoyan

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6177
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SARKIS CHADOYAN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:07-cr-00212-HEH-1)
Submitted: July 16, 2009 Decided: July 30, 2009
Before WILKINSON, KING, and AGEE, Circuit Judges.
Dismissed and remanded by unpublished per curiam opinion.
Sarkis Chadoyan, Appellant Pro Se. Angela Mastandrea-Miller,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Sarkis Chadoyan filed a motion in the district court
for reduction of sentence under Fed. R. Crim. P. 35(b). The
district court docketed the motion as an appeal from the denial
of Chadoyan’s 18 U.S.C. § 3582 (2006) motion. Because our
review of the record convinces us that the document was
incorrectly docketed, we dismiss the appeal and remand to the
district court for consideration of Chadoyan’s Rule 35 motion on
the merits. 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.
DISMISSED AND REMANDED

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