United States v. Jarvaris Andrews

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7232

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v.

JARVARIS ANTWAN ANDREWS, Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, Chief District Judge. (1:08-cr-00144-CCE-1; 1:23-cv- 00638-CCE-JEP)

Submitted: March 28, 2024 Decided: April 2, 2024

Before KING and RUSHING, Circuit Judges, and MOTZ, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jarvaris Antwan Andrews, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:

Jarvaris Antwan Andrews appeals the district court’s order denying his motion seeking relief under § 404(b) of the First Step Act of 2018 and appointment of counsel, confining his appeal to the denial of relief under § 404(b). We have reviewed the record and find no reversible error in light of our decision in United States v. Lancaster, 997 F.3d 171, 174-75 (4th Cir. 2021) (noting that sentence does not qualify for reduction under § 404(b) if it was “the subject of a motion made after enactment of the First Step Act that was denied after a complete review of the motion on the merits” (internal quotation marks omitted)). Accordingly, we affirm the district court’s order. United States v. Andrews, No. 1:08-cr-00144-CCE-1 (M.D.N.C. Nov. 17, 2023). 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