United States v. David Garcia

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 3, 2023
• Docket: 23-6427
• Status: Unpublished

Opinion

USCA4 Appeal: 23-6427 Doc: 10 Filed: 10/03/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6427

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DAVID PEREZ GARCIA,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:01-cr-00036-FDW-1)

Submitted: September 28, 2023 Decided: October 3, 2023

Before NIEMEYER, THACKER, and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David Perez Garcia, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6427 Doc: 10 Filed: 10/03/2023 Pg: 2 of 2

PER CURIAM:

David Perez Garcia appeals the district court’s order denying his motions as

supplemented for a sentence reduction under § 404(b) of the First Step Act of 2018, Pub.

L. No. 115-391, 132 Stat. 5194, 5222, and for compassionate release pursuant to 18 U.S.C.

§ 3582(c)(1)(A). Upon review, we discern no abuse of discretion in the court’s rulings on

these motions. See United States v. Reed, 58 F.4th 816, 819 (4th Cir. 2023) (providing

standard of review of the denial of relief under § 404(b) of the First Step Act); United States

v. Kibble, 992 F.3d 326, 329 (4th Cir. 2021) (stating standard of review for compassionate

release motions). Accordingly, we affirm the district court’s order. United States v.

Garcia, No. 3:01-cr-00036-FDW-1 (W.D.N.C. Apr. 3, 2023). We deny Garcia’s motion

for the appointment of counsel. 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