Opinion
22-7245
03-24-2023
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. STEPHEN ANTHONY MILLER, Defendant-Appellant.
Stephen Anthony Miller, Appellant Pro Se.
UNPUBLISHED
Submitted: March 21, 2023
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:10-cr-00013-TDS-2)
Stephen Anthony Miller, Appellant Pro Se.
Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM.
Stephen Anthony Miller 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 on appeal and conclude that the district court did not abuse its discretion in denying relief. See United States v. Kibble, 992 F.3d 326, 329 (4th Cir.), cert. denied, 142 S.Ct. 383 (2021). Accordingly, we affirm the district court's order. United States v. Miller, No. 1:10-cr-00013-TDS-2 (M.D. N.C. Sept. 13, 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.
[*] On appeal, Miller requests permission to file a second or successive 28 U.S.C. § 2255 motion. However, such a request should be made in a separately filed 28 U.S.C. § 2244 motion.