United States of America v. CESAR SIERRO-PINEDA, a/k/a Desiderio Ramirez Duarte, a/k/a Desiderio Pineda Duarte

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 19-7734

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CESAR SIERRO-PINEDA, a/k/a Desiderio Ramirez Duarte, a/k/a Desiderio
Pineda Duarte,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at
Statesville. Kenneth D. Bell, District Judge. (5:11-cr-00022-KDB-1)

Submitted: April 21, 2020 Decided: May 18, 2020

Before WILKINSON and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Cesar Sierro-Pineda, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:
Cesar Sierro-Pineda appeals the district court’s order denying his 18 U.S.C.
§ 3582(c)(2) (2018) motions for reduction of sentence pursuant to Amendment 782 of the
Sentencing Guidelines. We have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district court.
*
United States v. Sierro-
Pineda, 5:11-cr-00022-KDB-1 (W.D.N.C. Nov. 4, 2019). We dispense with oral argument
because the facts and legal contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
AFFIRMED

*
The district court found that it previously denied Sierro-Pineda’s request for a
sentence reduction under Amendment 782, referencing a 2015 order. While a district court
lacks authority to reconsider a ruling on an 18 U.S.C. § 3582(c)(2) motion, “this prohibition
[is] non-jurisdictional, and thus waived when the government fail[s] to assert it below.”
United States v. May, 855 F.3d 271, 274 (4th Cir. 2017). Here, “[b]ecause the government
failed to raise this non-jurisdictional limitation below, it is waived on appeal.” Id. at 275.