UNITED STATES of America, Plaintiff-Appellee, v. Cesar SIERRO-PINEDA, a/k/a Desiderio Ramirez Duarte, a/k/a Desiderio Pineda Duarte, Defendant-Appellant.
Decided: May 18, 2020
Before WILKINSON and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.
Cesar Sierro-Pineda, Appellant Pro Se.
Cesar Sierro-Pineda appeals the district court's order denying his 18 U.S.C. § 3582(c)(2) (2018) motions for reduction of sentence pursuant to Amendment 782 of the Sentencing Guidelines. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court.* United States v. Sierro-Pineda, 5:11-cr-00022-KDB-1 (W.D.N.C. Nov. 4, 2019). 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. The district court found that it previously denied Sierro-Pineda's request for a sentence reduction under Amendment 782, referencing a 2015 order. While a district court lacks authority to reconsider a ruling on an 18 U.S.C. § 3582(c)(2) motion, “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. 2017). Here, “[b]ecause the government failed to raise this non-jurisdictional limitation below, it is waived on appeal.” Id. at 275.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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