USCA4 Appeal: 22-6754 Doc: 21 Filed: 12/27/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6754

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MALCOLM JERMAINE CARRY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:04-cr-00167-BO-1)

Submitted: December 20, 2022 Decided: December 27, 2022

Before NIEMEYER and QUATTLEBAUM Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Malcolm Jermaine Carry, Appellant Pro Se. John Parks Newby, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6754 Doc: 21 Filed: 12/27/2022 Pg: 2 of 2

PER CURIAM:

Malcolm Jermaine Carry, a federal prisoner, appeals the district court’s order

denying his motion for compassionate release pursuant to

(c)(1)(A), as

amended by the First Step Act of 2018,

(b)(1),

,

5239. Having reviewed the record, we are satisfied that the district court did not abuse its

discretion in ruling that the pertinent

(a) factors weighed against

compassionate release. See United States v. High,

(4th Cir. 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

2