United States v. Cornell McKenzie

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 26, 2023
• Docket: 22-6658
• Status: Unpublished

Opinion

USCA4 Appeal: 22-6658 Doc: 7 Filed: 01/26/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6658

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CORNELL AUGUSTUS MCKENZIE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, Senior District Judge. (1:91-cr-00429-LO-1)

Submitted: January 5, 2023 Decided: January 26, 2023

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

Affirmed by unpublished per curiam opinion.

Cornell Augustus McKenzie, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6658 Doc: 7 Filed: 01/26/2023 Pg: 2 of 2

PER CURIAM:

Cornell Augustus McKenzie appeals from the denial of his second motion for

reconsideration of the district court’s denial of his motion for compassionate release. The

district court considered the motion on the merits and denied it. However, motions for

reconsideration may not be used to revisit issues already addressed or advance arguments

that could have been raised earlier. JTH Tax v. Aime, 984 F.3d 284, 290 (4th Cir. 2021).

Here, McKenzie’s motion for reconsideration raises claims not raised in the underlying

motion for compassionate release. Accordingly, we modify the district court’s order to

show that the motion is denied for failure to raise a proper basis for reconsideration and

affirm the order as modified. 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