United States of America v. Jonathan Donnell Johnson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7710
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JONATHAN DONNELL JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen,
Senior District Judge. (3:00-cr-00136-GCM-3)
Submitted: March 29, 2016 Decided: August 1, 2016
Before KEENAN and FLOYD, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jonathan Donnell Johnson, Appellant Pro Se. Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jonathan Donnell Johnson appeals the district court’s
orders denying his 18 U.S.C. § 3582(c)(2) (2012) motion for
reduction of sentence and denying his motion for an extension of
time to appeal the denial of the § 3582(c)(2) motion.* Upon
review, we conclude that the district court did not abuse its
discretion in denying Johnson’s motion for an extension, see
Fed. R. App. P. 4(b)(4), 26(b), and find no reversible error
with respect to the denial of his § 3582(c)(2) motion.
Accordingly, we affirm for the reasons stated by the district
court. United States v. Johnson, No. 3:00-cr-00136-GCM-3
(W.D.N.C. July 24 & Oct. 7, 2015). 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
* Because we construe Johnson’s motion for an extension as
his notice of appeal of the order denying his § 3582(c)(2)
motion, both orders are before the court.

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