USA v. Farris

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-CR-00099-RJC-DCK
THIS MATTER is before the Court upon the defendant’s pro se motion to
reconsider, (Doc. No. 234), the denial of his motion to reconsider (Doc. No. 232:
Motion; Doc. No. 233: Order), challenging the denial of his sentence reduction
motion under Amendment 821, (Doc. No. 227: Motion; Doc. No. 230: Order).
One of the cases cited by the defendant in the instant motion is United States
v. Goodwyn, 596 F.3d 233, 236) (4th Cir. 2010). (Doc. No. 234: Motion at 1). In that
case, the United States Court of Appeals for the Fourth Circuit ruled:
When the Sentencing Commission reduces the Guidelines range
applicable to a prisoner’s sentence, the prisoner has an opportunity
pursuant to § 3582(c)(2) to persuade the district court to modify his
sentence. If the result does not satisfy him, he may timely appeal it.
But he may not, almost eight months later, ask the district court to
reconsider its decision.
Goodwyn, 596 F.3d at 236. Here, the defendant did not persuade the Court to
reduce his sentence. Accordingly, he must now seek review of that decision on
appeal.
IT IS, THEREFORE, ORDERED that the defendant’s motion, (Doc. No. 234),
is DISMISSED. Any further motions for reconsideration will be summarily
dismissed.
USA )
)
v. ) ORDER
)
GARLIN RAYMOND FARRIS )
)
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The Clerk is directed to certify copies of this Order to the defendant and the
United States Attorney.
Signed: February 6, 2024
Case 3:18-cr-00099-MOC-DCK Document 235 Filed 02/06/24 Page 2 of 2