United States of America v. Gerald Eugene Michael

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-6568
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GERALD EUGENE MICHAEL,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Catherine C. Eagles, Chief District Judge. (1:10-cr-00379-CCE-1)
Submitted: December 5, 2024 Decided: December 10, 2024
Before GREGORY and RICHARDSON, Circuit Judges, and FLOYD, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
ON BRIEF: James B. Craven, III, Durham, North Carolina, for Appellant. Sandra J.
Hairston, United States Attorney, Angela H. Miller, Assistant United States Attorney,
OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Gerald Eugene Michael appeals the district court’s order denying relief on his 18
U.S.C. § 3582(c)(1)(A) motion for a compassionate release. We review a district court’s
order denying compassionate release under § 3582(c)(1)(A) for abuse of discretion. United
States v. Kibble, 992 F.3d 326, 329 (4th Cir. 2021). We have reviewed the record and
conclude that the district court did not abuse its discretion in concluding that the 18 U.S.C.
§ 3553(a) factors did not counsel in favor of Michael’s release. Specifically, the court
reasonably found Michael’s advanced age and poor health did not deter him from
committing his most recent offenses, and concluded that he was therefore not entitled to a
sentence reduction.
Accordingly, we affirm the district court’s order. 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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