United States v. Davieyon Hopkins

U.S. Court of Appeals for the Fourth Circuit

United States v. Davieyon Hopkins

Opinion

USCA4 Appeal: 23-6393 Doc: 7 Filed: 12/28/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6393

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DAVIEYON DEVELLE HOPKINS,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:01-cr-00002-FDW-1)

Submitted: November 14, 2023 Decided: December 28, 2023

Before QUATTLEBAUM, RUSHING, and HEYTENS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Davieyon Develle Hopkins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6393 Doc: 7 Filed: 12/28/2023 Pg: 2 of 2

PER CURIAM:

Davieyon Develle Hopkins appeals the district court’s order denying his renewed

motion for a sentence reduction under

18 U.S.C. § 3582

(c)(1)(B), and § 404(b) of the First

Step Act of 2018,

Pub. L. No. 115-391, 132

Stat. 5194, 5222. The district court ruled that

it could not entertain Hopkins’ renewed motion because he previously filed a First Step

Act motion that the court denied after “a complete review . . . on the merits.” First Step

Act, § 404(c), 132 Stat. at 5222. We discern no error in the district court’s ruling. See

United States v. Goodwin,

37 F.4th 948

, 952 (4th Cir. 2022) (reviewing de novo district

court’s determination that defendant was ineligible for First Step Act relief under § 404(c)).

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

2

Reference

Status
Unpublished