United States of America v. Roger Byrd

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6836
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROGER BYRD,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:97-cr-00109-RLV-1)
Submitted: September 10, 2009 Decided: September 15, 2009
Before KING, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Roger Byrd, Appellant Pro Se. 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Unpublished opinions are not binding precedent in this circuit.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:
Roger Byrd filed a notice of appeal from a pleading
filed by his counsel informing the district court that he was
not eligible for a sentence reduction pursuant to Amendment 706
of the Sentencing Guidelines and 18 U.S.C. § 3582(c)(2) (2006).
This court may exercise jurisdiction only over final orders, 28
U.S.C. § 1291 (2006), and certain interlocutory and collateral
orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). Because
counsel’s pleading is not an appealable order, we dismiss the
appeal. 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

-- 2 of 2 --