United States v. John Valentin ( 2020 )


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  •                                      UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 20-6582
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    JOHN VALENTIN,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern District of North Carolina, at
    New Bern. James C. Dever III, District Judge. (4:11-cr-00114-D-1)
    Submitted: November 19, 2020                                Decided: November 23, 2020
    Before WILKINSON, KING, and QUATTLEBAUM, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    John Valentin, Appellant Pro Se. David A. Bragdon, Assistant United States Attorney,
    Jennifer P. May-Parker, Assistant United States Attorney, OFFICE OF THE UNITED
    STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    John Valentin appeals the district court’s order denying his motion for a sentence
    reduction under section 404 of the First Step Act of 2018 (“First Step Act”), Pub. L. No.
    115-391, 132 Stat. 5194. Although the court found Valentin eligible for relief, the court
    exercised its discretion not to reduce his sentence. In so doing, the court accurately
    described the record; considered Valentin’s new Sentencing Guidelines range, the
    18 U.S.C. § 3553(a) factors, and Valentin’s arguments for a reduction; and explained its
    reasons for denying the motion. We therefore conclude that the district court did not abuse
    its discretion in denying Valentin’s motion, and we affirm the court’s judgment. See
    United States v. Jackson, 
    952 F.3d 492
    , 497 (4th Cir. 2020) (reviewing decision on First
    Step Act motion for abuse of discretion). 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: 20-6582

Filed Date: 11/23/2020

Precedential Status: Non-Precedential

Modified Date: 11/23/2020