United States of America v. Bernard Celestine, a/k/a Speed, a/k/a Beaver

22-7152Court of Appeals for the Fourth Circuit24 mars 2023

Texte intégral

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7152
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BERNARD CELESTINE, a/k/a Speed, a/k/a Beaver,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Greenville. James C. Dever III, District Judge. (4:95-cr-00041-D-9)
Submitted: March 21, 2023 Decided: March 24, 2023
Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Bernard Celestine, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Bernard Celestine appeals the district court’s order granting in part and denying in
part his motion for compassionate release and for a sentence reduction under 18 U.S.C.
§ 3582(c)(1), as amended by the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat.
5194. After reviewing the record, we conclude that the district court did not abuse its
discretion in denying Celestine’s motion. See United States v. Kibble, 992 F.3d 326, 329
(4th Cir.) (per curiam) (stating standard of review), cert. denied, 142 S. Ct. 383 (2021).
Accordingly, we affirm the district court’s order. United States v. Celestine, No. 4:95-cr-
00041-D-9 (E.D.N.C. Aug. 31, 2022). While we grant Celestine’s motions to exceed the
length limitations for his informal brief and for leave to file a supplemental brief and
appendix, we deny his motions for appointment of counsel and to dismiss the appeal. We
grant in part Celestine’s motion to seal the supplemental appendix and accordingly seal
pages Supp. A-45 through Supp. A-71 thereof, but we deny the motion to seal as to the
remainder of those materials. 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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