United States v. Lonnie Livingston

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-7234 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LONNIE REGINALD LIVINGSTON, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:02-cr-00105-GCM-1) Submitted: November 18, 2021 Decided: November 22, 2021 Before MOTZ, THACKER, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Lonnie Reginald Livingston, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lonnie Reginald Livingston appeals the district court’s order denying his motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), as amended by the First Step Act of 2018, Pub. L. No. 115-391, § 603(b)(1), 132 Stat. 5194, 5239. We review the district court’s order for abuse of discretion. United States v. Kibble, 992 F.3d 326, 329 (4th Cir. 2021), cert. denied, No. 21-5624, 2021 WL 4733616 (U.S. Oct. 12, 2021); see also United States v. Dillard, 891 F.3d 151, 158 (4th Cir. 2018) (describing standard). Additionally, we confine our review to the issues raised in the informal brief. See 4th Cir. R. 34(b); Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014). Having reviewed the record in light of these standards and finding no reversible error, we affirm the district court’s order. We deny Livingston’s motion for appointment of counsel. 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 2