Opinion
20-7290
12-16-2021
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LEO VISTOR PERCELL, JR., Defendant-Appellant.
Leo Vistor Percell, Jr., Appellant Pro Se.
UNPUBLISHED
Submitted: November 19, 2021
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:19-cr-00190-NCT-1)
Leo Vistor Percell, Jr., Appellant Pro Se.
Before MOTZ, THACKER, and RICHARDSON, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Leo Vistor Percell, Jr., appeals the district court's order dismissing his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. Before seeking compassionate release in the district court, an inmate must satisfy the threshold requirement of 18 U.S.C. § 3582(c)(1)(A). However, as we recently held, this requirement is nonjurisdictional and, thus, subject to forfeiture or waiver if not timely raised. See United States v. Muhammad, 16 F.4th 126, 129-30 (4th Cir. 2021).
Here, the district court-which did not have the benefit of our decision in Muhammad-erred by sua sponte raising the threshold requirement and dismissing on that basis. See id. at 130. Accordingly, we vacate the district court's order and remand for further proceedings. 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.
VACATED AND REMANDED