United States v. Eric Wheeler ( 2023 )

USCA4 Appeal: 21-7429 Doc: 10 Filed: 03/15/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7429
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERIC WHEELER, a/k/a E,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at
Shelby. Martin K. Reidinger, Chief District Judge. (4:96-cr-00053-MR-2)
Submitted: February 22, 2023 Decided: March 15, 2023
Before AGEE and DIAZ, Circuit Judges, and MOTZ, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Eric Wheeler, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 21-7429 Doc: 10 Filed: 03/15/2023 Pg: 2 of 2
PER CURIAM:
Eric Wheeler appeals the district court’s order granting his motion for a sentence
reduction pursuant to Section 404(b) of the First Step Act, Pub. L. No. 115-391, 132 Stat.
5194. * We have reviewed the record and find no abuse of discretion. See United States v.
Jackson, 952 F.3d 492, 497, 502 (4th Cir. 2020) (stating standard of review). The district
court considered the revised statutory range, the advisory Sentencing Guidelines range,
the 18 U.S.C. § 3553(a) factors, and Wheeler’s rehabilitative efforts. The court also
recognized that it had the discretion to impose the sentence sought by Wheeler, but it
ultimately determined that the nature and circumstances of Wheeler’s offense, as well as
his criminal history, weighed against a sentence below the advisory Guidelines range.
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
*
Although the district court granted Wheeler’s motion, the reduction granted by the
court did not reduce his sentence to the full extent he requested.
2