United States v. Davieyon Hopkins

USCA4 Appeal: 23-6393 Doc: 7 Filed: 12/28/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6393
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVIEYON DEVELLE HOPKINS,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Frank D. Whitney, District Judge. (3:01-cr-00002-FDW-1)
Submitted: November 14, 2023 Decided: December 28, 2023
Before QUATTLEBAUM, RUSHING, and HEYTENS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Davieyon Develle Hopkins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-6393 Doc: 7 Filed: 12/28/2023 Pg: 2 of 2
PER CURIAM:
Davieyon Develle Hopkins appeals the district court’s order denying his renewed
motion for a sentence reduction under 18 U.S.C. § 3582(c)(1)(B), and § 404(b) of the First
Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194, 5222. The district court ruled that
it could not entertain Hopkins’ renewed motion because he previously filed a First Step
Act motion that the court denied after “a complete review . . . on the merits.” First Step
Act, § 404(c), 132 Stat. at 5222. We discern no error in the district court’s ruling. See
United States v. Goodwin, 37 F.4th 948, 952 (4th Cir. 2022) (reviewing de novo district
court’s determination that defendant was ineligible for First Step Act relief under § 404(c)).
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
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