United States of America v. Cornell Augustus McKenzie

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6658
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CORNELL AUGUSTUS MCKENZIE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Liam O’Grady, Senior District Judge. (1:91-cr-00429-LO-1)
Submitted: January 5, 2023 Decided: January 26, 2023
Before WILKINSON and KING, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Cornell Augustus McKenzie, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Cornell Augustus McKenzie appeals from the denial of his second motion for
reconsideration of the district court’s denial of his motion for compassionate release. The
district court considered the motion on the merits and denied it. However, motions for
reconsideration may not be used to revisit issues already addressed or advance arguments
that could have been raised earlier. JTH Tax v. Aime, 984 F.3d 284, 290 (4th Cir. 2021).
Here, McKenzie’s motion for reconsideration raises claims not raised in the underlying
motion for compassionate release. Accordingly, we modify the district court’s order to
show that the motion is denied for failure to raise a proper basis for reconsideration and
affirm the order as modified. 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

-- 2 of 2 --