United States v. Kevin Horsey

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 19, 2023
• Docket: 22-6426
• Status: Unpublished

Opinion

USCA4 Appeal: 22-6426 Doc: 17 Filed: 07/19/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6426

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KEVIN HORSEY, a/k/a What What,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. George L. Russell, III, District Judge. (1:16-cr-00453-GLR-9)

Submitted: June 14, 2023 Decided: July 19, 2023

Before WYNN and HEYTENS, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Kevin Horsey, Appellant Pro Se. Patricia Corwin McLane, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6426 Doc: 17 Filed: 07/19/2023 Pg: 2 of 2

PER CURIAM:

Kevin Horsey appeals the district court’s order denying his third motion for

compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). ∗ Upon review, we discern no

abuse of discretion in the district court’s denial of compassionate release. See United States

v. High, 997 F.3d 181, 185 (4th Cir. 2021) (stating standard of review). Accordingly, we

affirm the district court’s order. United States v. Horsey, No. 1:16-cr-00453-GLR-9 (D.

Md. Mar. 21, 2022). 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

∗ Horsey also argues that the district court did not address the request for appointment of counsel embedded within his motion. We find no reversible error. Because Horsey ably presented his straightforward arguments for compassionate release without the assistance of counsel, the interests of justice did not require counsel’s appointment. See United States v. Legree, 205 F.3d 724, 730 (4th Cir. 2000) (observing that appointment of counsel in § 3582(c) proceedings is discretionary)