USCA4 Appeal: 23-6646 Doc: 5 Filed: 09/01/2023 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6646

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LARRY D. ALEXANDER, Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:12-cr-00293-RJC-1)

Submitted: August 29, 2023 Decided: September 1, 2023

Before KING, AGEE, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Larry D. Alexander, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-6646 Doc: 5 Filed: 09/01/2023 Pg: 2 of 2

PER CURIAM: Larry D. Alexander appeals the district court’s order denying his motion for a sentence reduction pursuant to section 404(b) of the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194, 5222. We review de novo a defendant’s “threshold eligibility for First Step Act relief.” United States v. Goodwin, 37 F.4th 948, 952 (4th Cir. 2022).

Alexander was convicted and sentenced in February 2014, after the enactment of the Fair Sentencing Act, and the district court correctly found that he is therefore not eligible for a sentence reduction under section 404 of the First Step Act. See id. at 954. Accordingly, 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