Opinion
19-7218
02-02-2023
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ARNOLD MARK HENRY, a/k/a B, Defendant-Appellant.
Arnold Mark Henry, Appellant Pro Se.
UNPUBLISHED
Submitted: December 29, 2022
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:93-cr-00131-HCM-3)
Arnold Mark Henry, Appellant Pro Se.
Before THACKER and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Arnold Mark Henry appeals the district court's order denying his motion for a sentence reduction pursuant to Section 404 of the First Step Act of 2018, Pub. L. No. 115391, 132 Stat. 5194. On appeal, Henry argues that the district court incorrectly determined that his convictions for murder in furtherance of a continuing criminal enterprise, in violation of 21 U.S.C. § 848(e)(1)(A), were not covered offenses under the First Step Act. However, we recently concluded that "§ 848(e)(1)(A) is not a covered offense under the First Step Act as its penalties were not modified by the Fair Sentencing Act." United States v. Roane, 51 F.4th 541, 543, 546-53 (4th Cir. 2022). Because Henry's claim is foreclosed by our holding in Roane, we affirm. 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.