United States v. Robert Gorman ( 2021 )


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  •                                      UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 21-6305
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    ROBERT LOGAN GORMAN, a/k/a Robert Gorman,
    Defendant - Appellant.
    Appeal from the United States District Court for the Southern District of West Virginia, at
    Charleston. Joseph R. Goodwin, District Judge. (2:19-cr-00131-1)
    Submitted: June 2, 2021                                           Decided: June 15, 2021
    Before MOTZ, QUATTLEBAUM, and RUSHING, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Robert Logan Gorman, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Robert Logan Gorman appeals the district court’s order denying his renewed request
    for compassionate release pursuant to 
    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. On appeal,
    we confine our review to the issues raised in the informal brief. See 4th Cir. R. 34(b).
    Gorman’s informal brief argues only that the district court erred in concluding that he did
    not exhaust his administrative remedies before pursuing his renewed motion. Despite its
    findings on exhaustion, the court proceeded to consider the merits of Gorman’s motion,
    denying relief after concluding that he did not demonstrate extraordinary and compelling
    reasons justifying compassionate release. Because Gorman’s informal brief does not
    challenge the district court’s dispositive ruling, he has forfeited appellate review of the
    district court’s order. See Jackson v. Lightsey, 
    775 F.3d 170
    , 177 (4th Cir. 2014) (“The
    informal brief is an important document; under Fourth Circuit rules, our review is limited
    to issues preserved in that brief.”). Accordingly, we affirm the district court’s judgment.
    We grant Gorman’s request for leave to file his informal brief out of time. 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
    2
    

Document Info

Docket Number: 21-6305

Filed Date: 6/15/2021

Precedential Status: Non-Precedential

Modified Date: 6/15/2021