United States of America v. Michael David Bear

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-6759
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL DAVID BEAR,
Defendant – Appellant.
No. 24-6760
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL DAVID BEAR,
Defendant - Appellant.
Appeals from the United States District Court for the Western District of Virginia, at
Abingdon. James P. Jones, Senior District Judge. (1:06-cr-00018-JPJ-1; 2:05-cr-00029-
JPJ-1)
Submitted: February 27, 2025 Decided: March 3, 2025

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Before KING and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Michael David Bear, Appellant Pro Se. Lena Lockridge Busscher, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael David Bear appeals the district court’s order denying his second motion for
compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), as amended by the First
Step Act of 2018, Pub. L. No. 115-391, § 603(b)(1), 132 Stat. 5194, 5239. Upon review,
we discern no abuse of discretion in the district court’s determination that the pertinent
18 U.S.C. § 3553(a) sentencing factors weighed against compassionate release. See United
States v. Malone, 57 F.4th 167, 172-73 (4th Cir. 2023) (providing standard of review and
outlining steps for evaluating compassionate release motions). Accordingly, we deny
Bear’s motion for appointment of counsel and affirm the district court’s order. 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

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