UNITED STATES v. HARTLEY (2021)

Malcolm Jarrel Hartley appeals the district court's March 12, 2021, order denying without prejudice Hartley's 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. On appeal, we confine our review to the issues raised in the informal brief. See 4th Cir. R. 34(b). Because Hartley's informal brief does not challenge the basis for the district court's disposition, he has forfeited appellate review of the court's order.^* See 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 order. 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.   Hartley states in his informal brief that he also appeals from the district court's order entered June 13, 2020. The district court did not enter an order in these proceedings on that date. The district court did, however, enter an order on June 15, 2020, denying Hartley's 28 U.S.C. § 2255 motion. This court previously denied a certificate of appealability and dismissed Hartley's appeal from that order. United States v. Hartley, 832 F. App'x 235 (4th Cir. 2021).

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.