USCA4 Appeal: 23-6371 Doc: 7 Filed: 09/01/2023 Pg: 1 of 3

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6278

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. QUALO MARTEZ LOWERY, Defendant - Appellant.

No. 23-6371

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. QUALO MARTEZ LOWERY, Defendant - Appellant.

Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:05-cr-00216-RJC-2)

Submitted: August 29, 2023 Decided: September 1, 2023 USCA4 Appeal: 23-6371 Doc: 7 Filed: 09/01/2023 Pg: 2 of 3

Before KING, AGEE, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Qualo Martez Lowery, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-6371 Doc: 7 Filed: 09/01/2023 Pg: 3 of 3

PER CURIAM: Qualo Martez Lowery appeals the district court’s order denying his motions for a sentence reduction pursuant to § 404(b) of the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194, 5222 (First Step Act). We review a district court’s decision on a First Step Act motion for abuse of discretion. United States v. Reed, 58 F.4th 816, 819 (4th Cir. 2023). Our review of the record reveals no error. The court found Lowery eligible for First Step Act relief, but, after considering Lowery’s mitigating arguments, it declined to grant a reduction based on its review of the 18 U.S.C. § 3553(a) factors.

Accordingly, we affirm the district court’s order. We deny Lowery’s motion 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