UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6117
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVON PERRY,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Stephanie A. Gallagher, District Judge. (1:08-cr-00165-SAG-1)
Submitted: July 20, 2021 Decided: July 23, 2021
Before WILKINSON, AGEE, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Davon Perry, Appellant Pro Se. Annie Meredith McGuire, OFFICE OF THE UNITED
STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Davon Perry appeals the district court’s order denying his 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, 132 Stat. 5194. We review the district court’s order for abuse of
discretion. See United States v. Kibble, 992 F.3d 326, 329 (4th Cir. 2021). “A district
court abuses its discretion when it acts arbitrarily or irrationally, fails to consider judicially
recognized factors constraining its exercise of discretion, relies on erroneous factual or
legal premises, or commits an error of law.” United States v. Dillard, 891 F.3d 151, 158
(4th Cir. 2018) (internal quotation marks omitted). Our review of the record confirms that
the district court properly considered the circumstances presented by the pandemic, Perry’s
health conditions, and the 18 U.S.C. § 3553(a) factors, before denying Perry’s motion.
Therefore, we affirm the district court’s order. We deny Perry’s motion to appoint 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