United States v. Billy McCullers, Jr.

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 8, 2022
• Docket: 21-7338
• Status: Unpublished

Opinion

USCA4 Appeal: 21-7338 Doc: 10 Filed: 09/08/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-7338

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BILLY R. MCCULLERS, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, Senior District Judge. (4:07-cr-00049-RBS-JEB- 1)

Submitted: August 30, 2022 Decided: September 8, 2022

Before NIEMEYER and KING, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Billy R. McCullers, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-7338 Doc: 10 Filed: 09/08/2022 Pg: 2 of 2

PER CURIAM:

Billy R. McCullers, Jr., appeals the district court’s order granting in part and

denying in part his motions for a sentence reduction and for compassionate release under

18 U.S.C. § 3582(c), as amended by the First Step Act of 2018. After reviewing the record,

we conclude that the district court did not abuse its discretion. See United States v. Kibble,

992 F.3d 326, 329 (4th Cir.) (per curiam) (stating standard of review for § 3582(c)(1)(A)(i)

motion), cert. denied, 142 S. Ct. 383 (2021); United States v. Jackson, 952 F.3d 492, 497

(4th Cir. 2020) (reviewing ruling on motion under § 3582(c)(1)(B) for abuse of discretion).

Accordingly, we affirm the district court’s order. United States v. McCullers, No. 4:07-cr-

00049-RBS-JEB-1 (E.D. Va. Aug. 27, 2021). 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