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UNITED STATES v. JOHNSON (2021)

United States Court of Appeals, Fourth Circuit.2021-07-23No. No. 21-6432

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Opinion

Bobby Leon Johnson appeals the district courts orders denying his motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), as amended by the First Step Act of 2018, Pub. L. No. 115-391, § 603(b)(1), 132 Stat. 5194, 5239, and his motion for appointment of counsel. Upon review, we discern no abuse of discretion in the district courts determination that compassionate release was not warranted. See United States v. Kibble, 992 F.3d 326, 329 (4th Cir. 2021) (providing standard of review and outlining steps for evaluating compassionate release motions). We also find no abuse of discretion in the district courts denial of Johnsons motion for appointment of counsel. See United States v. Legree, 205 F.3d 724, 730 (4th Cir. 2000) (holding criminal defendant has no right to counsel in 18 U.S.C. § 3582(c) proceedings). Accordingly, we affirm the district courts orders. 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Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.