United States v. Stephen Miller ( 2023 )

USCA4 Appeal: 22-7245 Doc: 11 Filed: 03/24/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7245
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
STEPHEN ANTHONY MILLER,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:10-cr-00013-TDS-2)
Submitted: March 21, 2023 Decided: March 24, 2023
Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Stephen Anthony Miller, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-7245 Doc: 11 Filed: 03/24/2023 Pg: 2 of 2
PER CURIAM:
Stephen Anthony Miller appeals the district court’s order denying his 18 U.S.C.
§ 3582(c)(1)(A) motion for compassionate release. We have reviewed the record on appeal
and conclude that the district court did not abuse its discretion in denying relief. See United
States v. Kibble, 992 F.3d 326, 329 (4th Cir.), cert. denied, 142 S. Ct. 383 (2021).
Accordingly, we affirm the district court’s order. United States v. Miller, No. 1:10-cr-
00013-TDS-2 (M.D.N.C. Sept. 13, 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
*
On appeal, Miller requests permission to file a second or successive 28 U.S.C.
§ 2255 motion. However, such a request should be made in a separately filed 28 U.S.C.
§ 2244 motion.
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