United States v. Jimmy Gilfillan, Jr. ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6458
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JIMMY CARLTON GILFILLAN, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:18-cr-00980-HMH-1)
Submitted: August 5, 2021 Decided: August 26, 2021
Before MOTZ, WYNN, and QUATTLEBAUM, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jimmy Carlton Gilfillan, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jimmy Carlton Gilfillan, Jr., appeals the district court’s order construing Gilfillan’s
motion for appointment for counsel as a motion for compassionate release pursuant to
18 U.S.C. § 3582(c)(1)(A)(i), as amended by the First Step Act of 2018, Pub. L. No. 115-
391, § 603(b)(1), 132 Stat. 5194, 5239, and denying both motions. We review a district
court’s denial of a motion for compassionate release for an abuse of discretion. United
States v. Kibble, 992 F.3d 326, 329 (4th Cir. 2021). We have reviewed the record and find
no reversible error. Accordingly, 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