United States of America v. Ernest Dailey

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6574
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERNEST DAILEY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Wilmington. Terrence W. Boyle, District Judge. (7:14-cr-00072-BO-1)
Submitted: November 17, 2022 Decided: November 23, 2022
Before KING, QUATTLEBAUM, and RUSHING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ernest Dailey, Appellant Pro Se. John Parks Newby, Assistant United States Attorney,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ernest Dailey appeals the district court’s order denying his 18 U.S.C.
§ 3582(c)(1)(A) motion for compassionate release. We have reviewed the record and find
no abuse of discretion in the district court’s conclusion that, even if extraordinary and
compelling reasons existed, the 18 U.S.C. § 3553(a) factors did not warrant release. See
United States v. Kibble, 992 F.3d 326, 329 (4th Cir.) (stating standard of review), cert.
denied, 142 S. Ct. 383 (2021). Accordingly, we affirm. United States v. Dailey, No.
7:14-cr-00072-BO-1 (E.D.N.C. Apr. 27, 2022). 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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