Opinion
22-6574
11-23-2022
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ERNEST DAILEY, Defendant-Appellant.
Ernest Dailey, 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UNPUBLISHED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 Wilmington. Terrence W. Boyle, District Judge. (7:14-cr-00072-BO-1)
Ernest Dailey, 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Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.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
Ernest Dailey appeals the district court's order denying his 18 U.S.C. § 3582(c)(1)(A) motion for compassionate release. We have reviewed the record and find no abuse of discretion in the district court's conclusion that, even if extraordinary and compelling reasons existed, the 18 U.S.C. § 3553(a) factors did not warrant release. See United States v. Kibble, 992 F.3d 326, 329 (4th Cir.) (stating standard of review), cert. denied, 142 S.Ct. 383 (2021). Accordingly, we affirm. United States v. Dailey, No. 7:14-cr-00072-BO-1 (E.D. N.C. Apr. 27, 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