UNITED STATES v. HEATH (2021)

Jerome Ramaal Heath, a federal prisoner, appeals from the district court's orders denying Heath's second motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018, Pub. L. No. 115-391, § 603(b)(1), 132 Stat. 5194, 5239, and dismissing without prejudice Heath's motion for reconsideration. With respect to the denial of Heath's second motion for compassionate release, we have reviewed the record and discern no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Heath, No. 2:18-cr-00035-RGD-RJK-1 (E.D. Va. Aug. 12, 2020). As for the dismissal of Heath's motion for reconsideration, Heath's informal briefs do not challenge the basis for the district court's dismissal. Heath has thus forfeited appellate review of the district court's order dismissing his motion for reconsideration. See 4th Cir. R. 34(b); Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important document; under Fourth Circuit rules, our review is limited to issues preserved in that brief.”).

Accordingly, we affirm the district court's orders. 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

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.