No. 08-8368.United States Court of Appeals, Fourth Circuit.Submitted: February 26, 2009.
Decided: March 30, 2009.
Appeal from the United States District Court for the Eastern District of Virginia,
Page 307
at Richmond. James R. Spencer, Chief materials before the court and argument District Judge. (3:96-cr-00041-JRS-3).
David Zebrowski, Appellant Pro Se. Richard Daniel Cooke, Assistant United States Attorney, Richmond, Virginia, for Appellee.
Before MICHAEL, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Zebrowski appeals a district court order granting his motion for a sentence reduction under 18 U.S.C. § 3582(c) (2006). Under the amendments to the Guidelines, Zebrowski’s total offense level was 39. His amended range of imprisonment was 292 to 365 months’ imprisonment. On October 15, 2008, the court granted Zebrowski’s motion and lowered his original 360-month sentence to 336 months’ imprisonment. In response, Zebrowski filed a timely notice of appeal and a Fed.R.Civ.P. 59
motion seeking reconsideration. In his Rule 59 motion, Zebrowski claimed he should have received a 292-month sentence. The district court agreed, granted the Rule 59 motion and lowered Zebrowski’s sentence to 292 months’ imprisonment.[1]
Because Zebrowski’s motion for reconsideration was granted and he received the relief he seeks on appeal, we dismiss the appeal as moot.[2] We dispense with oral argument because the facts and legal contentions are adequately presented in the would not aid the decisional process.
DISMISSED.