United States of America v. Antonio Delrea Smith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7163
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTONIO DELREA SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J. Conrad,
Jr., Chief District Judge. (3:05-cr-00013-RJC-DCK-1)
Submitted: September 11, 2012 Decided: September 14, 2012
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Antonio Delrea Smith, Appellant Pro Se. Keith Michael Cave,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
Amy Elizabeth Ray, Assistant United States Attorney, Asheville,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Antonio Delrea Smith appeals the district court’s
orders denying his motion for a reduction of sentence pursuant
to 18 U.S.C. § 3582(c)(2) (2006) and denying his motion for
reconsideration. We have reviewed the record and find no
reversible error. Accordingly, we affirm the denial of Smith’s
§ 3582(c)(2) motion for the reasons stated by the district
court. United States v. Smith, No. 3:05-cr-00013-RJC-DCK-1
(W.D.N.C. May 24, 2012). We also affirm the denial of Smith’s
motion to reconsider, noting that the district court lacked
authority to even consider the motion. See United States v.
Goodwyn, 596 F.3d 233, 235-36 (4th Cir. 2010). 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

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