UNITED STATES of America, Plaintiff-Appellee, v. Francisco REZA, a/k/a Frankie, a/k/a Pancho, Defendant-Appellant.
Decided: September 21, 2018
Before WILKINSON and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Francisco Reza, Appellant Pro Se.
Francisco Reza appeals the district court's order denying his second motion for sentence reduction.* We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Reza, No. 1:14-cr-00185-LMB-1 (E.D. Va. June 19, 2018). 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.
FOOTNOTE. Although a district court lacks authority to reconsider its ruling on an 18 U.S.C. § 3582(c)(2) (2012) motion, United States v. Goodwyn, 596 F.3d 233, 235-36 (4th Cir. 2010), “this prohibition [is] non-jurisdictional, and thus waived when the government fail[s] to assert it below,” United States v. May, 855 F.3d 271, 274 (4th Cir.), cert. denied, ––– U.S. ––––, 138 S.Ct. 252, 199 L.Ed.2d 124 (2017).
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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