United States v. Joshua Kelly

Court of Appeals for the Fourth Circuit·Decided October 3, 2023·No. 23-6721·Unpublished

Opinion

USCA4 Appeal: 23-6721 Doc: 5 Filed: 10/03/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6721

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JOSHUA KELLY,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. James K. Bredar, Chief District Judge. (1:15-cr-00647-JKB-1)

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

Before NIEMEYER, THACKER, and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joshua Kelly, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6721 Doc: 5 Filed: 10/03/2023 Pg: 2 of 2

PER CURIAM:

Joshua Kelly appeals the district court’s order denying his motion for compassionate

release under 18 U.S.C. § 3582(c)(1)(A)(i), as amended by the First Step Act of 2018, Pub.

L. No. 115-391, § 603(b)(1), 132 Stat. 5194, 5239. Upon review of the record, we discern

no abuse of discretion in the district court’s determination that the relevant 18 U.S.C.

§ 3553(a) factors weighed against release. See United States v. Hargrove, 30 F.4th 189,

195 (4th Cir. 2022) (stating standard of review). 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

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