Opinion
22-6853
11-23-2022
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOHN DEVERE BATTLE, a/k/a Gotti, Defendant-Appellant.
John Devere Battle, Appellant Pro Se. John Parks Newby, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.
UNPUBLISHED
Submitted: November 17, 2022
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:17-cr-00111-BO-1)
John Devere Battle, Appellant Pro Se.
John Parks Newby, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.
Before KING, QUATTLEBAUM, and RUSHING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM.
John Devere Battle appeals the district court's order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). After reviewing the record, we conclude that the district court did not abuse its discretion in denying Battle's motion. See United States v. Kibble, 992 F.3d 326, 329 (4th Cir.) (per curiam) (stating standard), cert. denied, 142 S.Ct. 383 (2021). Accordingly, we affirm the district court's judgment. United States v. Battle, No. 5:17-cr-00111-BO-1 (E.D. N.C. July 18, 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.