U.S. Court of Appeals for the Fourth Circuit, 2023

United States v. Omar Diaz-Rios

United States v. Omar Diaz-Rios
U.S. Court of Appeals for the Fourth Circuit · Decided April 28, 2023

United States v. Omar Diaz-Rios

Opinion

USCA4 Appeal: 22-7293 Doc: 15 Filed: 04/28/2023 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-7293

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OMAR DIAZ-RIOS, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:10-cr-00021-REP-2)

Submitted: April 25, 2023 Decided: April 28, 2023

Before GREGORY, Chief Judge, THACKER, Circuit Judge, and MOTZ, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Omar Diaz-Rios, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-7293 Doc: 15 Filed: 04/28/2023 Pg: 2 of 2

PER CURIAM: Omar Diaz-Rios appeals the district court’s order denying his renewed 18 U.S.C. § 3582(c)(1)(A) motion for compassionate release. We review a district court’s denial of a compassionate release motion for abuse of discretion. United States v. Kibble, 992 F.3d 326, 329 (4th Cir. 2021). Upon review of the record, we conclude that the district court did not abuse its discretion in denying Diaz-Rios’ compassionate release motion.

Accordingly, we affirm the district court’s order. United States v. Diaz-Rios, No. 3:10-cr- 00021-REP-2 (E.D. Va. Oct. 25, 2022). We deny Diaz-Rios’ motions to appoint counsel.

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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