United States v. Artemus Riley ( 2023 )


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  • USCA4 Appeal: 22-7019      Doc: 10         Filed: 03/21/2023    Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 22-7019
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    ARTEMUS LAMARR RILEY,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern District of Virginia, at
    Alexandria. Liam O’Grady, Senior District Judge. (1:14-cr-00112-LO-1)
    Submitted: March 16, 2023                                         Decided: March 21, 2023
    Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Artemus Lamarr Riley, Appellant Pro Se. Laura Devon Withers, Assistant United States
    Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 22-7019      Doc: 10         Filed: 03/21/2023     Pg: 2 of 2
    PER CURIAM:
    Artemus Lamarr Riley appeals the district court’s order granting his 
    18 U.S.C. § 3582
    (c)(1)(A) motion for a sentence reduction, which was based, primarily, on the
    statutory change enacted by § 403(b) of the First Step Act of 2018, 
    Pub. L. No. 115-391, 132
     Stat. 5194, 5222, and our ruling in United States v. McCoy, 
    981 F.3d 271
    (4th Cir. 2020). The district court considered the arguments advanced by Riley, concluded
    that Riley established the requisite extraordinary and compelling reasons for a sentence
    reduction, and exercised its discretion to reduce Riley’s sentence—albeit not to the extent
    Riley sought.
    Upon review of the record, we conclude that the district court did not abuse its
    discretion in its adjudication of Riley’s motion. See Concepcion v. United States, 
    142 S. Ct. 2389
    , 2404-05 (2022) (stating standard). Accordingly, we affirm the court’s ruling.
    United States v. Riley, No. 1:14-cr-00112-LO-1 (E.D. Va. July 19, 2022). 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
    

Document Info

Docket Number: 22-7019

Filed Date: 3/21/2023

Precedential Status: Non-Precedential

Modified Date: 3/22/2023