United States of America v. Wayne Johnson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7580
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WAYNE JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CR-99-119)
Submitted: November 17, 2005 Decided: November 30, 2005
Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Wayne Johnson, Appellant Pro Se. Sara Elizabeth Flannery, Stephen
David Schiller, OFFICE OF THE UNITED STATES ATTORNEY, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

*To the extent that Johnson seeks to appeal the district
court’s order of July 28, 2005, denying his § 3582(c) motion, we
note that his notice of appeal was untimely as to this order.
- 2 -
PER CURIAM:
Wayne Johnson appeals the district court’s order denying
his motion to compel the district court to rule on his motion filed
pursuant to 18 U.S.C.A. § 3582(c) (West 2000 & Supp. 2005). * We
have reviewed the record and the district court’s order and find no
reversible error. Accordingly, we affirm for the reasons stated by
the district court. See United States v. Johnson, No. CR-99-119
(E.D. Va. Sept. 19, 2005). We deny Johnson’s motion to compel
discovery from the district court. 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

-- 2 of 2 --