United States v. Gregory Anderson ( 2023 )

USCA4 Appeal: 22-7300 Doc: 6 Filed: 03/24/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7300
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GREGORY D. ANDERSON,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Max O. Cogburn, Jr., District Judge. (3:10-cr-00260-MOC-DSC-1)
Submitted: March 21, 2023 Decided: March 24, 2023
Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.
Dismissed in part and affirmed in part by unpublished per curiam opinion.
Gregory D. Anderson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-7300 Doc: 6 Filed: 03/24/2023 Pg: 2 of 2
PER CURIAM:
Gregory D. Anderson appeals the district court’s order denying his motion for
compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step
Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194. While this appeal was pending,
Anderson was released from custody. Therefore, his appeal as it relates to the
circumstances presented by the COVID-19 pandemic is now moot. See United States v.
Shorter, 27 F.4th 572, 575-76 (7th Cir. 2022). And while we have jurisdiction over the
remainder of the appeal because Anderson requested that the district court terminate his
supervised release, see United States v. Chestnut, 989 F.3d 222, 225 (2d Cir. 2021), a
movant may not challenge the validity of his underlying convictions or sentence in a
compassionate release motion, see United States v. Ferguson, 55 F.4th 262, 270-72 (4th
Cir. 2022). Therefore, we dismiss this appeal in part and affirm the district court’s order
in part. 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.
DISMISSED IN PART,
AFFIRMED IN PART
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