United States v. Michael Orji

U.S. Court of Appeals for the D.C. Circuit

United States v. Michael Orji

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 24-3055 September Term, 2024 1:18-cr-00068-BAH-1 Filed On: November 13, 2024 United States of America,

Appellee

v.

Michael A. Orji,

Appellant

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

BEFORE: Wilkins, Pan, and Garcia, Circuit Judges

JUDGMENT

This appeal was considered on the record from the United States District Court for the District of Columbia and on the memoranda of law and fact filed by the parties. The court has determined that the issues presented occasion no need for an opinion. See D.C. Cir. Rule 36. Upon consideration of the foregoing, it is

ORDERED AND ADJUDGED that the district court’s April 18, 2024 order denying appellant’s motion to reduce his sentence under 18 U.S.C. § 3582(c)(1)(A) be affirmed. The district court allowed appellant the opportunity to file a reply in support of his motion, and appellant has not shown that his due process rights were violated with regard to the ability to file a reply. Additionally, appellant has not shown that the district court abused its discretion in concluding that he failed to establish extraordinary and compelling reasons warranting a reduction in his sentence. See United States v. Long, 997 F.3d 342, 352 (D.C. Cir. 2021). Finally, appellant does not challenge the district court’s denial of his request to appoint counsel, and thus he has forfeited any such argument. See United States ex rel. Totten v. Bombardier Corp., 380 F.3d 488, 497 (D.C. Cir. 2004) (“Ordinarily, arguments that parties do not make on appeal are deemed to have been waived.”).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 24-3055 September Term, 2024

of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk

BY: /s/ Daniel J. Reidy Deputy Clerk

Page 2

Reference

Status
Unpublished