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UNITED STATES v. WHITE (2021)

United States Court of Appeals, Fourth Circuit.2021-09-20No. No. 21-6095

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Opinion

Ismalius Jaron White appeals the district courts order denying relief on his motion for a sentence reduction under § 404 of the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194. We review the district courts decision to grant or deny a motion under the First Step Act for abuse of discretion. United States v. Jackson, 952 F.3d 492, 497, 502 (4th Cir. 2020). The court abuses its discretion if it acts arbitrarily or irrationally, fails to consider judicially recognized factors, or relies on erroneous factual or legal premises. United States v. High, 997 F.3d 181, 187 (4th Cir. 2021).

On appeal, White disputes the district courts conclusion that a sentence reduction would not serve the 18 U.S.C. § 3553(a) sentencing factors. However, the record reflects that the court thoroughly discussed and considered the § 3553(a) factors and reasonably concluded that a sentence reduction was inappropriate in light of Whites characteristics, history, offense conduct, and post-sentencing conduct. We therefore conclude that the court acted within its discretion in denying Whites motion.

Accordingly, we affirm the district courts order and deny Whites motion for appointment of counsel. 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

PER CURIAM:

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.