United States v. Derrick Grant

U.S. Court of Appeals for the Fourth Circuit

United States v. Derrick Grant

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-7070

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DERRICK GRANT,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, Senior District Judge. (1:17-cr-00615-RDB-1)

Submitted: October 14, 2021 Decided: October 19, 2021

Before DIAZ and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Derrick Grant, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Derrick Grant appeals the district court’s order denying relief on his

18 U.S.C. § 3582

(c)(1)(A)(i) motions for compassionate release. Upon review, we discern no abuse

of discretion in the district court’s determination that, under the pertinent

18 U.S.C. § 3553

(a) sentencing factors, compassionate release was not warranted. * See United States

v. Kibble,

992 F.3d 326, 329-31

(4th Cir. 2021) (providing standard of review and outlining

steps for evaluating compassionate release motions), petition for cert. filed, No. 21-5624

(U.S. Sept. 8, 2021). Accordingly, we affirm the district court’s judgment. 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

* Even if the district court improperly construed U.S. Sentencing Guidelines Manual § 1B1.13(2) as binding, see United States v. McCoy,

981 F.3d 271, 283

(4th Cir. 2020), such error was harmless in light of the court’s explanation of how relief was unwarranted under the

18 U.S.C. § 3553

(a) factors.

2

Reference

Status
Unpublished