United States of America v. Marcellus James Fennell, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7120
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARCELLUS JAMES FENNELL, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Wilmington. James C. Dever III, District Judge. (7:08-cr-00077-D-1)
Submitted: September 28, 2023 Decided: October 2, 2023
Before NIEMEYER, THACKER, and RUSHING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Marcellus James Fennell, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Marcellus James Fennell, Jr., appeals the district court’s order denying his motion
for a sentence reduction under § 404(b) of the First Step Act of 2018, Pub. L. No. 115-391,
132 Stat. 5194, 5222. After reviewing the record, we conclude that the district court did
not abuse its discretion in denying a sentence reduction. See Concepcion v. United States,
142 S. Ct. 2389, 2404-05 (2022) (explaining standard). Accordingly, we affirm the district
court’s order. United States v. Fennell, No. 7:08-cr-00077-D-1 (E.D.N.C. Apr. 16, 2020).*
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
* This appeal was held in abeyance for United States v. Stokes, No. 20-6021, 2023
WL 5014095 (4th Cir. Aug. 7, 2023).

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