USA v. Farris

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-CR-00099-RJC-DCK
USA )
)
v. ) ORDER
)
GARLIN RAYMOND FARRIS )
)
THIS MATTER is before the Court upon the defendant’s pro se motion to
reconsider, (Doc. No. 232), challenging the denial of his sentence reduction motion
under Amendment 821, (Doc. No. 230: Order).
The United States Court of Appeals for the Fourth Circuit has ruled that
neither the federal statutes nor the Rules of Criminal Procedure authorize a motion
for reconsideration in a criminal case. United States v. Breit, 754 F.2d 526, 530 (4th
Cir. 1985) (“[D]efendant’s remedies are limited by the statutes and Federal Rules of
Criminal and Appellate Procedure . . .”). Accordingly, a defendant must file a notice
of appeal within 14 days after the entry of the order being appealed. Fed. R. App. P.
4(b)(1)(A)(i).
IT IS, THEREFORE, ORDERED that the defendant’s motion, (Doc. No. 232),
is DISMISSED.
The Clerk is directed to certify copies of this Order to the defendant and the
United States Attorney.
Signed: January 25, 2024
Case 3:18-cr-00099-MOC-DCK Document 233 Filed 01/25/24 Page 1 of 1