United States of America v. Teraino Johnson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7201
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TERAINO JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Richard D. Bennett, Senior District Judge. (1:18-cr-00567-RDB-2)
Submitted: December 16, 2021 Decided: December 20, 2021
Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Teraino Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Teraino Johnson appeals the district court’s order denying his second motion for
compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step
Act of 2018, Pub. L. No. 115-391, § 603(b)(1), 132 Stat. 5194, 5239. Although the district
court incorrectly determined that U.S. Sentencing Guidelines Manual § 1B1.13, p.s., is
controlling, see United States v. McCoy, 981 F.3d 271, 280-84 (4th Cir. 2020), we conclude
that the district court did not abuse its discretion in denying Johnson’s motion on the ground
that the 18 U.S.C. § 3553(a) factors do not support his early release. See United States v.
Kibble, 992 F.3d 326, 329 (4th Cir. 2021) (per curiam) (stating standard), cert. denied, No.
21-5624, 2021 WL 4733616 (U.S. Oct. 12, 2021); United States v. High, 997 F.3d 181,
186-87, 191 (4th Cir. 2021) (affirming order denying compassionate release based on
balancing of § 3553(a) factors). Accordingly, we affirm the district court’s judgment. 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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