US v. Charles McMillan, No. 21-6256 (4th Cir. 2021)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-6256 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLES MCMILLAN, a/k/a Cee Mack, a/k/a Mack, a/k/a Mack Hound, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Mark S. Davis, Chief District Judge. (4:17-cr-00111-MSD-LRL-4) Submitted: November 23, 2021 Decided: November 29, 2021 Before NIEMEYER, FLOYD, and RUSHING, Circuit Judges. Affirmed by unpublished per curiam opinion. Charles McMillan, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charles McMillan appeals the district court’s order denying his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. After reviewing the record, we conclude that the district court did not abuse its discretion in denying the motion. See United States v. Kibble, 992 F.3d 326, 329 (4th Cir. 2021) (stating standard of review for order denying compassionate release), cert. denied, No. 21-5624, 2021 WL 4733616 (U.S. Oct. 12, 2021); see also United States v. High, 997 F.3d 181, 189 (4th Cir. 2021) (affirming district court order denying compassionate release where “[t]he court’s rationale . . . was both rational and legitimate under [18 U.S.C. § 3553(a)]” and “the court sufficiently explained its denial to allow for meaningful appellate review” (internal quotation marks omitted)). We therefore affirm the district court’s order. United States v. McMillan, No. 4:17-cr-00111-MSD-LRL-4 (E.D. Va. filed Jan. 13, 2021 & entered Jan. 14, 2021). 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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