USA v. Lattaker

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:07-CR-00094-RJC-SCR
THIS MATTER is before the Court upon motion of the defendant pro se, (Doc.
No. 90), to reconsider the denial, (Doc. No. 89: Order), of his motion for a sentence
reduction under Amendment 821 relating to status points, (Doc. No. 87).
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. 90),
is DISMISSED.
1 This Amended Order corrects a typographical error in the original Order, (Doc.
No. 91), regarding the motion resolved, (Doc. No. 90).
USA )
)
v. ) AMENDED ORDER1
)
JOHN LYNN LATTAKER )
)
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2
The Clerk is directed to certify copies of this Order to the defendant and the
United States Attorney.
Signed: November 7, 2024
Case 3:07-cr-00094-MOC-SCR Document 92 Filed 11/07/24 Page 2 of 2