United States v. Ernest McNeill, III

U.S. Court of Appeals for the Fourth Circuit

United States v. Ernest McNeill, III

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7612

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ERNEST CHARLES MCNEILL, III, a/k/a Scooter,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:10-cr-00241-D-1)

Submitted: April 30, 2021 Decided: May 7, 2021

Before WILKINSON, WYNN, and RICHARDSON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ernest Charles McNeill, III, Appellant Pro Se. 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Unpublished opinions are not binding precedent in this circuit.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:

Ernest Charles McNeill, III, appeals the district court’s order denying his motion for

compassionate release under

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. After reviewing the

record, we conclude that the district court did not abuse its discretion in denying McNeill’s

motion. See United States v. Kibble,

992 F.3d 326, 329

(4th Cir. 2021) (stating standard

of review). Accordingly, we affirm for the reasons stated by the district court. United

States v. McNeill, No. 5:10-cr-00241-D-1 (E.D.N.C. Oct. 13, 2020). We deny McNeill’s

motion to appoint counsel. 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Unpublished