United States v. Barkley Gardner

Opinion

USCA4 Appeal: 22-7143 Doc: 12 Filed: 04/03/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-7143

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BARKLEY GARDNER, a/k/a Big Black,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. James C. Dever III, District Judge. (4:95-cr-00041-D-8)

Submitted: February 28, 2023 Decided: April 3, 2023

Before DIAZ and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Barkley Gardner, Appellant Pro Se. Sharon Coull Wilson, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-7143 Doc: 12 Filed: 04/03/2023 Pg: 2 of 2

PER CURIAM:

Barkley Gardner appeals the district court’s order denying his motion for

compassionate release under 18 U.S.C. § 3582(c)(1)(A). We review the court’s order for

abuse of discretion. United States v. Malone, 57 F.4th 167, 172 (4th Cir. 2023). Upon

review of the record, we discern no abuse of discretion in the court’s determination that

the 18 U.S.C. § 3553(a) factors did not warrant Gardner’s release. Accordingly, we affirm

the court’s order. We also grant Gardner’s motion to amend his informal brief. 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