United States v. Roy Rhymer, III
United States v. Roy Rhymer, III
Opinion
USCA4 Appeal: 22-6394 Doc: 11 Filed: 10/21/2022 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 22-6394
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROY ALANZO RHYMER, III,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:19-cr-00427-WO-1)
Submitted: October 18, 2022 Decided: October 21, 2022
Before WYNN and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Roy Alanzo Rhymer, III, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6394 Doc: 11 Filed: 10/21/2022 Pg: 2 of 2
PER CURIAM:
Roy Alanzo Rhymer, III, appeals the district court’s order denying his 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, 132Stat. 5194. We review the district court’s order for
abuse of discretion. See United States v. Kibble,
992 F.3d 326, 329(4th Cir.), cert. denied,
142 S. Ct. 383(2021). A district court abuses its discretion when it “acts arbitrarily or
irrationally, . . . fails to consider judicially recognized factors constraining its exercise of
discretion, . . . relies on erroneous factual or legal premises, or . . . commits an error of
law.” United States v. High,
997 F.3d 181, 187(4th Cir. 2021) (cleaned up). After
reviewing the record in this case, we conclude that the district court did not abuse its
discretion in weighing the
18 U.S.C. § 3553(a) factors and concluding they did not support
granting Rhymer’s motion. Therefore, 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
2
Reference
- Status
- Unpublished