US v. Marcellus Cheatham, III, No. 21-7681 (4th Cir. 2022)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-7681 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARCELLUS EDWARD CHEATHAM, III, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Arenda L. Wright Allen, District Judge. (4:12-cr-00111-AWA-LRL-1) Submitted: May 19, 2022 Decided: May 23, 2022 Before MOTZ and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Marcellus Edward Cheatham, III, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Marcellus Edward Cheatham, III, appeals from 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. We review a district court’s denial of a compassionate release motion for abuse of discretion. United States v. Kibble, 992 F.3d 326, 329 (4th Cir.), cert. denied, 142 S. Ct. 383 (2021). We have reviewed the record in this case and discern no abuse of discretion. Accordingly, we affirm the district court’s order. We deny Cheatham’s motion to appoint counsel, and 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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