United States v. Dana Gray
670 F. App'x 154
| 4th Cir. | 2016Background
- Appellant Dana Lee Gray moved for a sentence reduction under 18 U.S.C. § 3582(c)(2) (seeking the benefit of Amendment 782). The district court denied the § 3582(c)(2) motion on September 1, 2015.
- Gray later filed a motion for reconsideration of that denial; the district court denied reconsideration.
- Gray filed a notice of appeal (construed to cover both orders) on December 14, 2015.
- The Fourth Circuit held that the appeal of the § 3582(c)(2) denial was untimely under Fed. R. App. P. 4(b)(1)(A) because the 14-day appeal period (and any 30-day extension for excusable neglect) had expired.
- The court also held that, under United States v. Goodwyn, a district court lacks authority to reconsider or to entertain a second § 3582(c)(2) motion based on the same Guidelines amendment; therefore the district court lacked jurisdiction to grant reconsideration.
- The court granted Gray leave to proceed in forma pauperis, dismissed the appeal in part (untimely § 3582 appeal), and affirmed in part (denial of reconsideration).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal from § 3582(c)(2) denial | Gray contends he timely appealed the denial (notice filed Dec 14, 2015). | Government contends the 14-day Rule 4(b)(1)(A) period (and any 30-day extension) expired before Gray filed, so appeal is untimely. | Appeal of the § 3582(c)(2) order is untimely and dismissed. |
| District court authority to reconsider § 3582(c)(2) ruling | Gray sought reconsideration of the denial to obtain Amendment 782 relief. | Government argues the district court lacks authority to reconsider or to hear a second § 3582 motion on the same amendment. | Under Goodwyn, district court lacked jurisdiction to consider the motion for reconsideration; denial is affirmed. |
Key Cases Cited
- United States v. Alvarez, 210 F.3d 309 (5th Cir. 2000) (treats § 3582 proceedings as criminal for appeal-timing under Rule 4)
- United States v. Reyes, 759 F.2d 351 (4th Cir. 1985) (discusses district-court extension of appeal time for excusable neglect)
- United States v. Goodwyn, 596 F.3d 233 (4th Cir. 2010) (district court lacks authority to grant reconsideration or entertain a second § 3582(c)(2) motion based on the same amendment)
- Jackson v. Lightsey, 775 F.3d 170 (4th Cir. 2014) (liberal, functional construction of Rule 3(c) notice-of-appeal requirements)