UNITED STATES of America, Plaintiff-Appellee, v. Arnold Mark HENRY, a/k/a B, Defendant-Appellant, 707 F. App'x 207

Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Arnold Mark Henry appeals the district court’s order denying relief on his 18 U.S.C. § 3582(c)(2) (2012) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm substantially for the reasons stated by the district court. United States v. Henry, No. 2:93-cr-00131-HCM-3 (E.D. Va. July 28, 2017). 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.

AFFIRMED While a district court lacks authority to rule on a successive § 3582(c)(2) motion, "this prohibition [is] non-jurisdictional, and thus waived when the government failed 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.