United States of America v. Malcolm Jermaine Carry

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6754
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MALCOLM JERMAINE CARRY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Terrence W. Boyle, District Judge. (5:04-cr-00167-BO-1)
Submitted: December 20, 2022 Decided: December 27, 2022
Before NIEMEYER and QUATTLEBAUM Circuit Judges, and FLOYD, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Malcolm Jermaine Carry, 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Unpublished opinions are not binding precedent in this circuit.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:
Malcolm Jermaine Carry, a federal prisoner, appeals 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. Having reviewed the record, we are satisfied that the district court did not abuse its
discretion in ruling that the pertinent 18 U.S.C. § 3553(a) factors weighed against
compassionate release. See United States v. High, 997 F.3d 181, 185, 187 (4th Cir. 2021).
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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