United States of America v. Lewis Mercado, a/k/a Hector Mercado

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6196
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LEWIS MERCADO, a/k/a Hector Mercado,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
District Judge. (3:96-cr-00165-2)
Submitted: June 21, 2012 Decided: June 25, 2012
Before GREGORY, SHEDD, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Lewis Mercado, Appellant Pro Se. Monica D. Coleman, John J.
Frail, Steven Loew, Assistant United States Attorneys,
Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Lewis Mercado appeals the district court’s order
denying his motion for reduction of sentence under 18 U.S.C.
§ 3582(c)(2) (2006) and a subsequent order denying
reconsideration. We have reviewed the record and find no
reversible error.* Accordingly, we affirm for the reasons stated
by the district court. United States v. Mercado, No. 3:96-cr-
00165-2 (S.D.W. Va. Dec. 28, 2011; Jan. 26, 2012). 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.
AFFIRMED
* The district court did not have authority to grant the
motion to reconsider, because a motion to reconsider is not a
proper vehicle to seek review of a ruling on a § 3582 motion.
United States v. Goodwyn, 596 F.3d 233, 235-36 (4th Cir. 2010).

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