UNITED STATES v. MCKOY (2021)

Gregory Antonio McKoy appeals from the district court's order denying his 18 U.S.C. § 3582(c)(1)(B) motion for reduction of sentence under § 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 denying the motion. See United States v. Jackson, 952 F.3d 492, 495 (4th Cir. 2020) (noting that decision whether to grant sentence reduction under FSA 2018 “is entrusted to the district court's discretion”).

The district court recognized its discretion to reduce McKoy's sentence, recalculated his Sentencing Guidelines range, and considered that new range and his reduced statutory range. The court also considered McKoy's arguments, the nature of his offense conduct and his characteristics—including his criminal history, performance on supervision, and his post-sentencing conduct—and the needs for his sentence to promote respect for the law and to incapacitate him and determined that his 204-month prison sentence remained appropriate. We reject as without merit McKoy's appellate arguments that the district court erred in relying in part on his criminal history and failed to support its denial decision with a sufficient justification. See United States v. Collington, 995 F.3d 347, 355, 360 (4th Cir. 2021); United States v. Chambers, 956 F.3d 667, 674-75 (4th Cir. 2020). We therefore affirm the district court's order. United States v. McKoy, No. 7:10-cr-00077-D-1 (E.D.N.C. Dec. 2, 2020).

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Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.