United States v. Darrin Merritt ( 2023 )


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  • USCA4 Appeal: 22-6094      Doc: 6         Filed: 07/12/2023    Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 22-6094
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    DARRIN HOWARD MERRITT,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern District of North Carolina, at
    Raleigh. Louise W. Flanagan, District Judge. (5:12-cr-00209-FL-1)
    Submitted: June 14, 2023                                            Decided: July 12, 2023
    Before AGEE and WYNN, Circuit Judges, and FLOYD, Senior Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Darrin Howard Merritt, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 22-6094      Doc: 6        Filed: 07/12/2023     Pg: 2 of 2
    PER CURIAM:
    Darrin Howard Merritt appeals the district court’s order dismissing his motion for
    an award of $500 in “gate money” on his release from prison without prejudice for lack of
    jurisdiction. The district court determined the Director of the Bureau of Prisons has the
    exclusive authority to determine the discretionary gratuity up to $500 that may be provided
    under the statute. We have reviewed the record and find no reversible error. See 
    18 U.S.C. § 3624
    (d)(2); 
    28 C.F.R. § 571.20
    ; cf. Murray Energy Corp. v. Adm’r of EPA, 
    861 F.3d 529
    ,
    537 & n.4 (4th Cir. 2017). Accordingly, we affirm the district court’s order. See United
    States v. Merritt, No. 5:12-cr-00209-FL-1 (E.D.N.C. Dec. 22, 2021). 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: 22-6094

Filed Date: 7/12/2023

Precedential Status: Non-Precedential

Modified Date: 7/13/2023