United States v. Benjamine Moss, Jr.

Opinion

USCA4 Appeal: 25-6678 Doc: 12 Filed: 07/20/2026 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-6678

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BENJAMINE MOSS, JR., a/k/a BJ,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:21-cr-00088-D-1)

Submitted: July 16, 2026 Decided: July 20, 2026

Before WILKINSON, RICHARDSON, and QUATTLEBAUM, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Benjamine Moss, Jr., Appellant Pro Se. Lucy Partain Brown, 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Unpublished opinions are not binding precedent in this circuit.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: 25-6678 Doc: 12 Filed: 07/20/2026 Pg: 2 of 2

PER CURIAM:

Benjamine Moss, Jr., appeals the district court’s order denying relief on his 18

U.S.C. § 3582(c)(2) motion for a sentence reduction. “We review a district court’s decision

[whether] to reduce a sentence under 18 U.S.C. § 3582(c)(2) for abuse of discretion and its

ruling as to the scope of its legal authority under § 3582(c)(2) de novo.” United States v.

Mann, 709 F.3d 301, 304 (4th Cir. 2013). Our review of the record reveals no error. The

court clearly understood its authority to reduce Moss’s sentence and recognized Moss’s

postsentencing conduct, but the court declined to grant a reduction based on its review of

the 18 U.S.C. § 3553(a) factors.

Accordingly, we affirm the district court’s order. 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