United States v. Donald Morgan

U.S. Court of Appeals for the Fourth Circuit

United States v. Donald Morgan

Opinion

USCA4 Appeal: 24-6978 Doc: 12 Filed: 01/29/2025 Pg: 1 of 4

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6978

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DONALD RAY MORGAN,

Defendant - Appellant.

No. 24-6979

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DONALD RAY MORGAN,

Defendant - Appellant.

Appeals from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:14-cr-00414-TDS-1; 1:14-cr- 00194-TDS-1)

Submitted: January 23, 2025 Decided: January 29, 2025 USCA4 Appeal: 24-6978 Doc: 12 Filed: 01/29/2025 Pg: 2 of 4

Before WILKINSON, WYNN, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Donald Ray Morgan, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:

Donald Ray Morgan appeals the district court’s order denying his motion for

reconsideration of the denial of Morgan’s second motion for compassionate release

under

18 U.S.C. § 3582

(c)(1)(A). We review a district court’s denial of a motion for

compassionate release for abuse of discretion. United States v. Brown,

78 F.4th 122

, 127

(4th Cir. 2023). “In doing so, we ensure that the district court has not acted arbitrarily or

irrationally, has followed the statutory requirements, and has conducted the necessary

analysis for exercising its discretion.”

Id.

(internal quotation marks omitted). “To grant a

compassionate release motion, the district must conclude that the prisoner is eligible for a

sentence reduction because he has shown extraordinary and compelling reasons supporting

relief, and that release is appropriate under the

18 U.S.C. § 3553

(a) sentencing factors, to

the extent those factors are applicable.”

Id. at 128

(alterations and internal quotation marks

omitted).

We conclude that the district court did not abuse its discretion in determining that

Morgan failed to identify an extraordinary and compelling reason to grant relief and that,

even if he had, the § 3553(a) factors counseled against a sentence reduction. Accordingly,

we deny Morgan’s motion to appoint counsel and affirm the district court’s order. United

States v. Morgan, Nos. 1:14-cr-00414-TDS-1, 1:14-cr-00194-TDS-1 (M.D.N.C.

Sept. 6, 2024).

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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

4

Reference

Status
Unpublished