United States v. Roy Rhymer, III

U.S. Court of Appeals for the Fourth Circuit

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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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, 132

Stat. 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Unpublished