U.S. Court of Appeals for the Fourth Circuit, 2022

United States v. Burhan Yusuf

United States v. Burhan Yusuf
U.S. Court of Appeals for the Fourth Circuit · Decided September 27, 2022

United States v. Burhan Yusuf

Opinion

USCA4 Appeal: 22-6737 Doc: 6 Filed: 09/27/2022 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6737

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BURHAN ABDIRAHMAN YUSUF, a/k/a Burhan, a/k/a Famah, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Senior District Judge. (2:11-cr-00034-RBS-DEM-11)

Submitted: September 22, 2022 Decided: September 27, 2022

Before WILKINSON, DIAZ, and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Burhan Abdirahman Yusuf, Appellant Pro Se. Joseph Attias, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-6737 Doc: 6 Filed: 09/27/2022 Pg: 2 of 2

PER CURIAM: Burhan Abdirahman Yusuf appeals the district court’s order denying relief on his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. Upon review, we discern no abuse of discretion in the district court’s determination that Yusuf failed to establish an extraordinary and compelling basis for relief and that, in any event, compassionate release was not warranted under the pertinent 18 U.S.C. § 3553(a) sentencing factors. See United States v. Kibble, 992 F.3d 326, 329-31 (4th Cir.) (providing standard of review and outlining steps for evaluating compassionate release motions), cert. denied, 142 S. Ct. 383 (2021). Accordingly, we affirm the district court’s order. 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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