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 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. 87),
is DISMISSED.
The Clerk is directed to certify copies of this Order to the defendant and the
United States Attorney.
USA )
)
v. ) ORDER
)
JOHN LYNN LATTAKER )
)
Signed: November 5, 2024
Case 3:07-cr-00094-MOC-SCR Document 91 Filed 11/05/24 Page 1 of 1