govinfo:USCOURTS-ncwd-3_07-cr-00094-9

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF NORTH CAROLINA 
CHARLOTTE DIVISION 
3:07-CR-00094-RJC-SCR 
THIS MATTER is before the Court upon motion of the defendant pro se, (Doc. 
No. 90), to reconsider the denial, (Doc. No. 89: Order), of his motion for a sentence 
reduction under Amendment 821 relating to status points, (Doc. No. 87). 
The United States Court of Appeals for the Fourth Circuit has ruled that 
neither the federal statutes nor the Rules of Criminal Procedure authorize a motion 
for reconsideration in a criminal case. United States v. Breit, 754 F.2d 526, 530 (4th 
Cir. 1985) (“[D]efendant’s remedies are limited by the statutes and Federal Rules of 
Criminal and Appellate Procedure . . .”).  Accordingly, a defendant must file a notice 
of appeal within 14 days after the entry of the order being appealed. Fed. R. App. P. 
4(b)(1)(A)(i).   
IT IS, THEREFORE, ORDERED that the defendant’s motion, (Doc. No. 90), 
is DISMISSED. 
1   This Amended Order corrects a typographical error in the original Order, (Doc. 
No. 91), regarding the motion resolved, (Doc. No. 90). 
USA ) 
) 
v. ) AMENDED ORDER1 
) 
JOHN LYNN LATTAKER ) 
) 
Case 3:07-cr-00094-MOC-SCR     Document 92     Filed 11/07/24     Page 1 of 2
2 
The Clerk is directed to certify copies of this Order to the defendant and the 
United States Attorney.  
Signed: November 7, 2024
Case 3:07-cr-00094-MOC-SCR     Document 92     Filed 11/07/24     Page 2 of 2

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