UNITED STATES v. GARNER (2021)

Calvin Colweth Garner, Jr., appeals from the district court's order granting relief on his motion for a sentence reduction pursuant to Section 404(b) of the First Step Act of 2018 (FSA 2018), Pub. L. No. 115-391, 132 Stat. 5194, 5222.^* We have reviewed the record and conclude that the district court did not abuse its discretion in reducing Garner's prison term. See United States v. Jackson, 952 F.3d 492, 497, 502 (4th Cir. 2020) (reviewing decision on FSA 2018 sentence reduction motion for abuse of discretion). Accordingly, we affirm for the reasons stated by the district court. United States v. Garner, No. 4:10-cr-00079-BO-1 (E.D.N.C. Feb. 16, 2021). We deny Garner's motion to seal as he must present such a motion in the district court. See 4th Cir. R. 25(c)(2)(A). 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

FOOTNOTES

FOOTNOTE.   Although the district court granted Garner's motion, the reduction granted by the district court did not reduce his sentence to the full extent he requested.

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.