United States of America v. Irby Gene Dewitt

22-6194Court of Appeals for the Fourth CircuitAug 26, 2022

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6194
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
IRBY GENE DEWITT,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Florence.
Terry L. Wooten, Senior District Judge. (4:04-cr-00795-TLW-4)
Submitted: August 23, 2022 Decided: August 26, 2022
Before GREGORY, Chief Judge, HEYTENS, Circuit Judge, and KEENAN, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Irby Gene Dewitt, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Irby Gene Dewitt appeals the district court’s order denying relief on his 18 U.S.C.
§ 3582(c)(1)(A)(i) motion for compassionate release. Upon review, we discern no abuse
of discretion in the district court’s determination that, under the pertinent 18 U.S.C.
§ 3553(a) sentencing factors, compassionate release was not warranted. See United States
v. Kibble, 992 F.3d 326, 329-31 (4th Cir.) (providing standard of review and outlining steps
for evaluating compassionate release motions), cert. denied, 142 S. Ct. 383 (2021).
Accordingly, we 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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