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    United States v. Muncy, 4th Cir. (2005)

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    This document summarizes a United States Court of Appeals case. It states that Calvin Merle Muncy, Jr. appealed a district court order denying his motion to modify the fine imposed as part of his criminal sentence. The appeals court affirmed the district court's ruling, explaining that only the government has the authority to petition for modification or remission of a fine under 18 U.S.C. § 3573, and the time to appeal the original sentence under 18 U.S.C.A. § 3742 had expired. The appeals court dispensed with oral argument and affirmed the district court's decision.

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    United States v. Muncy, 4th Cir. (2005)

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    This document summarizes a United States Court of Appeals case. It states that Calvin Merle Muncy, Jr. appealed a district court order denying his motion to modify the fine imposed as part of his criminal sentence. The appeals court affirmed the district court's ruling, explaining that only the government has the authority to petition for modification or remission of a fine under 18 U.S.C. § 3573, and the time to appeal the original sentence under 18 U.S.C.A. § 3742 had expired. The appeals court dispensed with oral argument and affirmed the district court's decision.

    Original Description:

    Filed: 2005-06-29 Precedential Status: Non-Precedential Docket: 05-6233

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    This document summarizes a United States Court of Appeals case. It states that Calvin Merle Muncy, Jr. appealed a district court order denying his motion to modify the fine imposed as part of his criminal sentence. The appeals court affirmed the district court's ruling, explaining that only the government has the authority to petition for modification or remission of a fine under 18 U.S.C. § 3573, and the time to appeal the original sentence under 18 U.S.C.A. § 3742 had expired. The appeals court dispensed with oral argument and affirmed the district court's decision.

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    14 views2 pages

    United States v. Muncy, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. It states that Calvin Merle Muncy, Jr. appealed a district court order denying his motion to modify the fine imposed as part of his criminal sentence. The appeals court affirmed the district court's ruling, explaining that only the government has the authority to petition for modification or remission of a fine under 18 U.S.C. § 3573, and the time to appeal the original sentence under 18 U.S.C.A. § 3742 had expired. The appeals court dispensed with oral argument and affirmed the district court's decision.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6233

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    CALVIN MERLE MUNCY, JR.,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Wilmington. W. Earl Britt, Senior
    District Judge. (CR-97-81)

    Submitted:

    June 23, 2005

    Decided:

    June 29, 2005

    Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Calvin Merle Muncy, Jr., Appellant Pro Se.


    Christine Witcover
    Dean, Assistant United States Attorney, Raleigh, North Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Calvin Merle Muncy, Jr., appeals the district courts
    order denying his motion to modify the fine imposed as part of his
    criminal sentence.

    Because only the government has the authority

    under 18 U.S.C. 3573 (2000) to petition for modification or


    remission of a fine, and because the time for appealing from the
    sentence pursuant to 18 U.S.C.A. 3742 (West 2000 & Supp. 2005)
    has expired, we affirm. We dispense with oral argument because the
    facts

    and

    materials

    legal
    before

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    AFFIRMED

    - 2 -

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