UNITED STATES v. GILYARD (2018)

Bobby Michael Gilyard appeals the district court's order denying his Fed. R. Civ. P. 60(b)(6) motion for relief from its prior order denying his motions under 18 U.S.C. § 3582(c)(2) (2012) for a sentence reduction based on the Fair Sentencing Act of 2010.^* We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's order. See United States v. Goodwyn, 596 F.3d 233, 235 (4th Cir. 2010) (“[A] district court ‘may not modify a term of imprisonment once it has been imposed’ unless the Bureau of Prisons moves for a reduction, the Sentencing Commission amends the applicable Guidelines range, or another statute or Rule 35 expressly permits the court to do so.”) (citations omitted). 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

FOOTNOTES

FOOTNOTE.   We affirmed the district court's prior order, ruling it “properly determined Gilyard was not entitled to relief.” United States v. Gilyard, 541 F. App'x 305, 306 (4th Cir. 2013) (citing United States v. Bullard, 645 F.3d 237, 248 (4th Cir. 2011) ).

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.