United States v. Owerrie Bacon, Jr.
United States v. Owerrie Bacon, Jr.
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 21-6339
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
OWERRIE DAVON BACON, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:15-cr-00401-CCE-1)
Submitted: September 2, 2021 Decided: September 23, 2021
Before DIAZ and FLOYD, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Owerrie Davon Bacon, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Owerrie Davon Bacon, Jr., appeals the district court’s orders denying without
prejudice Bacon’s motion for compassionate release pursuant to
18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018,
Pub. L. No. 115-391, § 603(b)(1),
132 Stat. 5194, 5239, and denying reconsideration. * The district court denied
Bacon’s compassionate release motion after concluding that Bacon had not demonstrated
that he had exhausted his administrative remedies and that, even assuming he had done so,
the motion lacked merit. The district court denied Bacon’s motion for reconsideration on
the same grounds.
On appeal, we confine our review to the issues raised in the informal brief. See 4th
Cir. R. 34(b). Because Bacon’s informal brief challenges only the district court’s
exhaustion ruling and does not challenge the district court’s ruling that his request for
compassionate release lacked merit, he has forfeited appellate review of the court’s orders.
See Jackson v. Lightsey,
775 F.3d 170, 177(4th Cir. 2014) (“The informal brief is an
important document; under Fourth Circuit rules, our review is limited to issues preserved
in that brief.”). Accordingly, we affirm the district court’s orders. 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 conclude that the district court’s denial without prejudice of Bacon’s compassionate release motion does not deprive us of jurisdiction. See Bing v. Brivo Sys., LLC,
959 F.3d 605, 610-12 (4th Cir. 2020), cert. denied,
141 S. Ct. 1376(2021).
2
Reference
- Status
- Unpublished