USCA4 Appeal: 19-7821 Doc: 25 Filed: 08/12/2022 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7821
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BERNARD KING, a/k/a Shaborn,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Rebecca Beach Smith, Senior District Judge. (2:94-cr-00163-RBS-14)
Submitted: August 8, 2022 Decided: August 12, 2022
Before NIEMEYER, MOTZ, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Bernard King, Appellant Pro Se. Richard Daniel Cooke, Assistant United States Attorney,
OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 19-7821 Doc: 25 Filed: 08/12/2022 Pg: 2 of 2
PER CURIAM:
Bernard King appeals the district court’s order granting his motion for a sentence
reduction under § 404(b) of the First Step Act of 2018, Pub. L. No. 115-391, 132
Stat. 5194, 5222. The court determined that King was eligible for relief and reduced his
sentence from life to 420 months’ imprisonment. After reviewing the record, we conclude
that the district court did not abuse its discretion in resentencing King or plainly err in
failing to consider the nonretroactive rule announced in Apprendi v. New Jersey, 530 U.S.
466 (2000). Even if King advanced his argument based on Apprendi in the district court,
there is no evidence that the court would have reduced King’s sentence to 240 months’
imprisonment. The court explicitly determined that the 420-month sentence was sufficient
and not greater than necessary. Accordingly, we affirm the district court’s order. We deny
King’s motions for his release and to vacate and remand. 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
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