United States of America v. Matthew S. Newkirk

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6768
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MATTHEW S. NEWKIRK,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Robert E. Payne, Senior District Judge. (3:18-cr-00045-REP-1)
Submitted: July 20, 2021 Decided: July 22, 2021
Before WILKINSON, AGEE, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Matthew S. Newkirk, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Matthew S. Newkirk appeals the district court’s order denying Newkirk’s 18
U.S.C. § 3583(e) motion to modify the special conditions of his supervised release. To
the extent Newkirk “belatedly rais[ed] challenges to the original conditions of supervised
release that were available at the time of his initial sentencing,” we recently made clear
that “[a]n individual may not use § 3583(e)(2) as a substitute for an appeal.” United
States v. McLeod, 972 F.3d 637, 643-44 (4th Cir. 2020). To the extent Newkirk relied on
facts that did not exist when he was sentenced, we have reviewed the record and find no
reversible error. We therefore affirm the district court’s order. See United States v.
Newkirk, No. 3:18-cr-00045-REP-1 (E.D. Va. May 8, 2020). 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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