United States of America v. Marcellus Edward Cheatham, Iii

21-7681Court of Appeals for the Fourth Circuit23 mag 2022

Testo completo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7681
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARCELLUS EDWARD CHEATHAM, III,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Newport News. Arenda L. Wright Allen, District Judge. (4:12-cr-00111-AWA-LRL-1)
Submitted: May 19, 2022 Decided: May 23, 2022
Before MOTZ and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Marcellus Edward Cheatham, III, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Marcellus Edward Cheatham, III, appeals from the district court’s order denying his
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. We
review a district court’s denial of a compassionate release motion for abuse of discretion.
United States v. Kibble, 992 F.3d 326, 329 (4th Cir.), cert. denied, 142 S. Ct. 383 (2021).
We have reviewed the record in this case and discern no abuse of discretion. Accordingly,
we affirm the district court’s order. We deny Cheatham’s motion to appoint counsel, and
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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