United States v. Lance Young ( 2023 )

USCA4 Appeal: 22-6744 Doc: 10 Filed: 11/13/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6744
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LANCE D. YOUNG,
Defendant - Appellant.
Appeal from the United States District Court for the Northern District of West Virginia, at
Wheeling. John Preston Bailey, District Judge. (5:05-cr-00063-JPB-JPM-1)
Submitted: September 28, 2023 Decided: November 13, 2023
Before THACKER and BENJAMIN, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Lance D. Young, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-6744 Doc: 10 Filed: 11/13/2023 Pg: 2 of 2
PER CURIAM:
Lance D. Young appeals the district court’s order denying his motion for
compassionate release under 18 U.S.C. § 3582(c)(1)(A). We have reviewed the record and
find no reversible error. * Accordingly, we affirm the district court’s order. United States
v. Young, No. 5:05-cr-00063-JPB-JPM-1 (N.D.W. Va. June 17, 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
*
We limit our review to issues raised in the informal brief. See 4th Cir. R. 34(b);
Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014). On appeal, Young contends that
he no longer has the requisite number of qualifying predicates to be classified as a career
offender, and the district court did not adequately consider the argument. However, as the
district court recognized, we previously found otherwise. See In re Young, No. 16-882 (4th
Cir. June 6, 2016) (order denying motion). His argument is based on his claim that he was
sentenced as a career offender based on a conviction for simple possession of marijuana
with a statutory maximum of less than one year; but it was based on his felony convictions
for possession with intent to distribute a controlled dangerous substance, two counts of
possession with intent to distribute a controlled dangerous substance within 1,000 feet of a
school, and reckless manslaughter. Even assuming the manslaughter conviction no longer
qualifies, he has not shown that he does not have the requisite career offender predicates.
Moreover, even without the enhancement on Count 1 under 21 U.S.C. §§ 841(b)(1)(B),
851, his statutory maximum remains life on his 18 U.S.C. § 924(c)(1)(A)(i) conviction;
and his Guidelines range remains 360 months to life pursuant to USSG § 4B1.1(c)(3).
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