Opinion
22-6819
02-23-2023
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JEAN PAUL ALVARADO, Defendant-Appellant.
Jean Paul Alvarado, Appellant Pro Se. Sean Michael Welsh, Special Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee.
UNPUBLISHED
Submitted: February 21, 2023
Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Michael F. Urbanski, Chief District Judge. (5:12-cr-00030-MFU-1)
Jean Paul Alvarado, Appellant Pro Se.
Sean Michael Welsh, Special Assistant United States Attorney,
OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee.
Before NIEMEYER and DIAZ, Circuit Judges, and MOTZ, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jean Paul Alvarado appeals the district court's order denying his 18 U.S.C. § 3582(c)(1)(A) motion for compassionate release. We review a district court's denial of a compassionate release motion for abuse of discretion. United States v. Kibble, 992 F.3d 326, 329 (4th Cir.) (stating standard of review), cert. denied, 142 S.Ct. 383 (2021). Limiting our review of the record to the issue raised in Alvarado's informal brief, we conclude that the district court did not abuse its discretion in determining that Alvarado failed to show extraordinary and compelling circumstances warranting release based on the Supreme Court's decision in Burrage v. United States, 571 U.S. 204 (2014). See 4th Cir. R. 34(b); see also 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 order. United States v. Alvarado, No. 5:12-cr-00030-MFU-1 (W.D. Va. July 5, 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