US v. Michael Davis, No. 21-7344 (4th Cir. 2022)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-7344 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL FREDDIE DAVIS, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, Chief District Judge. (1:07-cr-00320-TDS-1) Submitted: February 23, 2022 Decided: June 29, 2022 Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and FLOYD, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Michael Freddie Davis, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Freddie Davis appeals the district court’s order denying his second 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. We review a district court’s denial of a motion for compassionate release for abuse of discretion. United States v. Kibble, 992 F.3d 326, 329 (4th Cir.), cert. denied, 142 S. Ct. 383 (2021). Upon review, we conclude that the district court did not abuse its discretion in denying Davis’ motion based on its consideration of the 18 U.S.C. § 3553(a) factors. See United States v. High, 997 F.3d 181, 187 (4th Cir. 2021). Accordingly, although we grant Davis’ motion to amend his informal brief to include his attached exhibits, 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 2

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