US v. Donnie Phillips, II, No. 20-7751 (4th Cir. 2021)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-7751 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DONNIE LEE PHILLIPS, II, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Terrence W. Boyle, District Judge. (4:15-cr-00082-BO-1) Submitted: June 29, 2021 Decided: July 1, 2021 Before HARRIS, RICHARDSON, and RUSHING, Circuit Judges. Affirmed by unpublished per curiam opinion. Donnie Lee Phillips, II, Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Joshua L. Rogers, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Donnie Lee Phillips, II, appeals the district court’s order denying relief on his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. Upon review, we discern no abuse of discretion in the district court’s determination that, under the pertinent 18 U.S.C. § 3553(a) sentencing factors, compassionate release was not warranted. See United States v. Kibble, 992 F.3d 326, 329-32 (4th Cir. 2021) (providing standard of review and outlining steps for evaluating compassionate release motions). 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 2

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