United States of America v. Nathan Lee Foster, a/k/a Plum

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7380
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
NATHAN LEE FOSTER, a/k/a Plum,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:03-cr-00319-F-1)
Submitted: November 13, 2012 Decided: November 16, 2012
Before NIEMEYER, GREGORY, and DIAZ, Circuit Judges.
Dismissed in part, affirmed in part by unpublished per curiam
opinion.
Nathan Lee Foster, Appellant Pro Se. Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Nathan Lee Foster appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2006) motion for a sentence
reduction and his successive and unauthorized 28 U.S.C.A. § 2255
(West Supp. 2012) motion. On appeal, we confine our review to
the issues raised in the Appellant’s brief. See 4th Cir. R.
34(b). Because Foster does not challenge the basis for the
district court’s disposition of his § 2255 motion, he has
forfeited appellate review of that portion of the order.
Therefore, we deny a certificate of appealability and dismiss
the appeal as to the § 2255 motion.
Turning to the court’s denial of Foster’s § 3582(c)(2)
motion, we have reviewed the record and find no reversible
error. Accordingly, we affirm the denial of § 3582(c)(2) relief
for the reasons stated by the district court. Foster v. United
States, No. 5:03-cr-00319-F-1 (E.D.N.C. Aug. 1, 2012). 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.
DISMISSED IN PART;
AFFIRMED IN PART

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