United States v. LaGrant Greer ( 2021 )


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  •                                      UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 20-7224
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    LAGRANT GREER,
    Defendant - Appellant.
    Appeal from the United States District Court for the Southern District of West Virginia, at
    Beckley. Frank W. Volk, District Judge. (5:14-cr-00202-1)
    Submitted: January 19, 2021                                       Decided: January 29, 2021
    Before WILKINSON, QUATTLEBAUM, and RUSHING, Circuit Judges.
    Vacated and remanded by unpublished per curiam opinion.
    LaGrant Greer, Appellant Pro Se. Timothy Doyle Boggess, OFFICE OF THE UNITED
    STATES ATTORNEY, Beckley, West Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    LaGrant Greer appeals the district court’s order denying his motion for
    compassionate release pursuant to 
    18 U.S.C. § 3582
    (c)(1)(A)(i). For the reasons that
    follow, we vacate and remand.
    A district court may grant a compassionate release motion upon finding “that
    extraordinary and compelling reasons warrant such a reduction,” “that such a reduction is
    consistent with applicable policy statements issued by the Sentencing Commission,” and
    that the relevant 
    18 U.S.C. § 3553
    (a) sentencing factors weigh in favor of relief. 
    18 U.S.C. § 3582
    (c)(1)(A). Here, from the district court’s summary order, we cannot discern whether
    the court concluded that Greer failed to establish extraordinary and compelling reasons for
    release, that the § 3553(a) factors counseled against a sentence reduction, or both. As a
    result, we cannot meaningfully review the district court’s decision.
    Accordingly, we vacate the district court’s order and remand for a fuller
    explanation. * See United States v. Martin, 
    916 F.3d 389
    , 398 (4th Cir. 2019). We deny as
    moot Greer’s motion to supplement the record. 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.
    VACATED AND REMANDED
    *
    By this disposition, we express no view on the merits of Greer’s motion.
    2
    

Document Info

Docket Number: 20-7224

Filed Date: 1/29/2021

Precedential Status: Non-Precedential

Modified Date: 1/29/2021