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

United States v. Kenneth Timmons

United States v. Kenneth Timmons
U.S. Court of Appeals for the Fourth Circuit · Decided November 3, 2023

United States v. Kenneth Timmons

Opinion

USCA4 Appeal: 23-6797 Doc: 6 Filed: 11/03/2023 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6797

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KENNETH O’NEAL TIMMONS, a/k/a Keno, a/k/a Kino, Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Senior District Judge. (3:12-cr-00513-JFA-39)

Submitted: October 31, 2023 Decided: November 3, 2023

Before HARRIS and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Kenneth O’Neal Timmons, Appellant Pro Se. William Kenneth Witherspoon, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-6797 Doc: 6 Filed: 11/03/2023 Pg: 2 of 2

PER CURIAM: Kenneth O’Neal Timmons appeals the district court’s order denying his second motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). After reviewing the record, we conclude that the district court did not abuse its discretion in denying Timmons’ motion. See United States v. Malone, 57 F.4th 167, 172 (4th Cir. 2023) (stating standard).

Accordingly, we affirm the district court’s judgment. United States v. Timmons, No. 3:12- cr-00513-JFA-39 (D.S.C. Aug. 1, 2023). 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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