United States v. Damon Blackwell ( 2024 )


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  • USCA4 Appeal: 24-6380      Doc: 10         Filed: 08/30/2024    Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 24-6380
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    DAMON JAMONT BLACKWELL,
    Defendant - Appellant.
    Appeal from the United States District Court for the Middle District of North Carolina, at
    Greensboro. Thomas D. Schroeder, District Judge. (1:19-cr-00629-TDS-1)
    Submitted: August 27, 2024                                        Decided: August 30, 2024
    Before KING and BENJAMIN, Circuit Judges, and KEENAN, Senior Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Damon Jamont Blackwell, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 24-6380      Doc: 10         Filed: 08/30/2024     Pg: 2 of 2
    PER CURIAM:
    Damon Jamont Blackwell appeals the district court’s order denying him a
    sentence reduction under 
    18 U.S.C. § 3582
    (c)(2) based on Amendment 821 to the
    Sentencing Guidelines. We review the denial of a motion under § 3582(c)(2) for abuse
    of discretion. United States v. Martin, 
    916 F.3d 389
    , 395 (4th Cir. 2019). In considering
    whether to reduce a sentence under § 3582(c)(2), the district court must first determine
    whether the prisoner is eligible for a reduction and, if so, the extent of the reduction
    authorized. Id. The court must then “consider any applicable [18 U.S.C.] § 3553(a)
    factors and determine whether, in its discretion, the reduction authorized by reference to
    the policies relevant at step one is warranted in whole or in part under the particular
    circumstances of the case.” Dillon v. United States, 
    560 U.S. 817
    , 827 (2010).
    Here, the district court found that Blackwell was eligible for a sentence reduction
    but declined to exercise its discretion to reduce his sentence based on its assessment of
    the § 3553(a) factors. Because we discern no abuse of discretion in the district court’s
    decision, we affirm the court’s order. United States v. Blackwell, No. 1:19-cr-00629-
    TDS-1 (M.D.N.C. filed Apr. 4, 2024 & entered Apr. 5, 2024). 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: 24-6380

Filed Date: 8/30/2024

Precedential Status: Non-Precedential

Modified Date: 8/31/2024