US v. Luis Cristobal, No. 21-7662 (4th Cir. 2022)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-7662 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LUIS CRISTOBAL, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David J. Novak, District Judge. (3:00-cr-00083-DJN-1) Submitted: June 28, 2022 Decided: June 30, 2022 Before NIEMEYER and HEYTENS, Circuit Judges, and TRAXLER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. ON BRIEF: Robert J. Wagner, ROBERT J. WAGNER PLC, Richmond, Virginia, for Appellant. Jessica D. Aber, United States Attorney, Richard D. Cooke, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Luis Cristobal appeals the district court’s order denying his 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. Our review of the record convinces us that the district court did not abuse its discretion in concluding that the 18 U.S.C. § 3553(a) factors weighed against compassionate release. See United States v. High, 997 F.3d 181, 186-87 (4th Cir. 2021) (affirming denial of compassionate release on balancing of § 3553(a) factors). Accordingly, we affirm the denial of relief on that basis. United States v. Cristobal, No. 3:00-cr-00083-DJN-1 (E.D. Va. Nov. 22, 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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