United States v. Antonio Nicholson
United States v. Antonio Nicholson
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-7885
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTONIO LAMONT NICHOLSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:07-cr-00045-FL-1)
Submitted: April 27, 2021 Decided: May 3, 2021
Before KEENAN, WYNN, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Antonio Lamont Nicholson, Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Joshua L. Rogers, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Antonio Lamont Nicholson appeals the district court’s order denying his motion for
a sentence reduction under the First Step Act of 2018,
Pub. L. No. 115-391, § 404,
132 Stat. 5194, 5222 (“First Step Act”). We have reviewed the record and find no reversible
error. See United States v. Jackson,
952 F.3d 492, 502(4th Cir. 2020) (“Even assuming . . .
that a district court in a First Step Act sentence reduction proceeding has equivalent duties
to a court initially sentencing a defendant, . . . [w]e are satisfied that the district court
considered the parties’ arguments and had a reasoned basis for exercising its own legal
decisionmaking authority.” (internal brackets, citations, and quotation marks omitted)).
Accordingly, we deny Nicholson’s motion for appointment of counsel and we affirm the
district court’s order. United States v. Nicholson, No. 5:07-cr-00045-FL-1 (E.D.N.C.
Dec. 21, 2020). 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
Reference
- Status
- Unpublished