US v. Antwan Constant, No. 23-6779 (4th Cir. 2023)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-6779 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTWAN RICARDO CONSTANT, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:06-cr-00161-D-2) Submitted: October 31, 2023 Decided: November 3, 2023 Before HARRIS and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Antwan Ricardo Constant, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Antwan Ricardo Constant appeals the district court’s order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A) and for a sentence reduction under § 404(b) of the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194, 5222. On appeal, Constant challenges only the denial of his motion for compassionate release. See 4th Cir. R. 34(b); Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important document; under Fourth Circuit rules, our review is limited to issues preserved in that brief.”). After reviewing the record, we conclude that the district court did not abuse its discretion in denying Constant’s motion. See United States v. Malone, 57 F.4th 167, 172 (4th Cir. 2023) (stating standard). Accordingly, we affirm the district court’s judgment. United States v. Constant, No. 5:06-cr-00161-D-2 (E.D.N.C. July 21, 2023). 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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