United States v. India Smith ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6886
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
INDIA PERLETA SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Henry E. Hudson, Senior District Judge. (3:10-cr-00210-HEH-DJN-1)
Submitted: December 16, 2021 Decided: December 17, 2021
Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
India Perleta Smith, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
India Perleta Smith appeals the district court’s order denying her motion for
compassionate release under 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. We have reviewed
the record and conclude that the district court did not abuse its discretion in denying
Smith’s motion. See United States v. Kibble, 992 F.3d 326, 329 (4th Cir. 2021) (stating
standard of review), cert. denied, 21-5624, 2021 WL 4733616 (U.S. Oct. 12, 2021); see
also United States v. High, 997 F.3d 181, 189 (4th Cir. 2021) (affirming district court’s
order denying compassionate release where “[t]he court’s rationale . . . was both rational
and legitimate under [18 U.S.C. § 3553(a)]” and “the court sufficiently explained its denial
to allow for meaningful appellate review” (internal quotation marks omitted)).
Accordingly, we affirm for the reasons stated by the district court. United States v. Smith,
No. 3:10-cr-00210-HEH-DJN-1 (E.D. Va. May 21, 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
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