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United States v. McAllister

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jan 22, 2021
No. 20-7138 (4th Cir. Jan. 22, 2021)

Opinion

No. 20-7138

01-22-2021

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TERRON MCALLISTER, Defendant - Appellant.

G. Alan DuBois, Federal Public Defender, Eric Joseph Brignac, Chief Appellant Attorney, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Robert J. Higdon, Jr., United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, Kristine L. Fritz, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellant.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever III, District Judge. (7:06-cr-00044-D-1) Before AGEE, WYNN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. G. Alan DuBois, Federal Public Defender, Eric Joseph Brignac, Chief Appellant Attorney, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Robert J. Higdon, Jr., United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, Kristine L. Fritz, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellant. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Terron McAllister appeals from the district court's order denying relief on his motion for a sentence reduction pursuant to Section 404 of the First Step Act of 2018, Pub. L. No. 115-391, § 404, 132 Stat. 5194, 5222. We have reviewed the record and find that the district court did not abuse its discretion in declining to reduce McAllister's sentence. See United States v. Jackson, 952 F.3d 492, 495-97 (4th Cir. 2020) (reviewing decision on First Step Act motion for abuse of discretion). Accordingly, we affirm for the reasons stated by the district court. United States v. McAllister, No. 7:06-cr-00044-D-1 (E.D.N.C. July 20, 2020). 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


Summaries of

United States v. McAllister

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jan 22, 2021
No. 20-7138 (4th Cir. Jan. 22, 2021)
Case details for

United States v. McAllister

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TERRON MCALLISTER…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jan 22, 2021

Citations

No. 20-7138 (4th Cir. Jan. 22, 2021)