United States v. David McConnell

U.S. Court of Appeals for the Fourth Circuit

United States v. David McConnell

Opinion

USCA4 Appeal: 24-6540 Doc: 10 Filed: 11/22/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6540

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DAVID WILLIAM MCCONNELL,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Frank W. Volk, Chief District Judge. (5:22-cr-00124-1)

Submitted: November 19, 2024 Decided: November 22, 2024

Before QUATTLEBAUM, RUSHING, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David William McConnell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6540 Doc: 10 Filed: 11/22/2024 Pg: 2 of 2

PER CURIAM:

David William McConnell appeals the district court’s order denying his

18 U.S.C. § 3582

(c)(2) motion for a sentence reduction pursuant to Amendment 821 to the

Sentencing Guidelines. The district court found that McConnell was ineligible for the

reduction because his instant offense of conviction was a sex offense. See U.S. Sentencing

Guidelines Manual § 4C1.1(a)(5), (b)(2) (2023).

Before addressing the merits of McConnell’s appeal, we grant McConnell’s pending

motion to seal the exhibits accompanying his informal brief. In addition, we have reviewed

the record and McConnell’s arguments on appeal, and we discern no reversible error.

Accordingly, we affirm the district court’s order. United States v. McConnell, No. 5:22-

cr-00124-1 (S.D. W. Va. May 17, 2024). 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Unpublished