UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-7201

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TERAINO JOHNSON,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, Senior District Judge. (1:18-cr-00567-RDB-2)

Submitted: December 16, 2021 Decided: December 20, 2021

Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Teraino Johnson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Teraino Johnson appeals the district court’s order denying his second motion for

compassionate release pursuant to

(c)(1)(A), as amended by the First Step

Act of 2018,

(b)(1),

, 5239. Although the district

court incorrectly determined that U.S. Sentencing Guidelines Manual § 1B1.13, p.s., is

controlling, see United States v. McCoy,

(4th Cir. 2020), we conclude

that the district court did not abuse its discretion in denying Johnson’s motion on the ground

that the

(a) factors do not support his early release. See United States v.

Kibble,

(4th Cir. 2021) (per curiam) (stating standard), cert. denied, No.

21-5624,

(U.S. Oct. 12, 2021); United States v. High,

(4th Cir. 2021) (affirming order denying compassionate release based on

balancing of § 3553(a) factors). 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

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