DocketNumber: 21-6458
Filed Date: 8/26/2021
Status: Non-Precedential
Modified Date: 8/26/2021
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-6458 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JIMMY CARLTON GILFILLAN, JR., Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:18-cr-00980-HMH-1) Submitted: August 5, 2021 Decided: August 26, 2021 Before MOTZ, WYNN, and QUATTLEBAUM, Circuit Judges. Affirmed by unpublished per curiam opinion. Jimmy Carlton Gilfillan, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jimmy Carlton Gilfillan, Jr., appeals the district court’s order construing Gilfillan’s motion for appointment for counsel as a motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), as amended by the First Step Act of 2018, Pub. L. No. 115- 391, § 603(b)(1), 132 Stat. 5194, 5239, and denying both motions. We review a district court’s denial of a motion for compassionate release for an abuse of discretion. United States v. Kibble,992 F.3d 326
, 329 (4th Cir. 2021). We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s order. 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