Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 07-24-2021
Case Style:
UNITED STATES OF AMERICA v. DAVON PERRY
Case Number: 21-6117
Judge: PER CURIAM
Court: UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Plaintiff's Attorney: Annie Meredith McGuire, OFFICE OF THE UNITED STATES ATTORNEY
Defendant's Attorney:
Description:
Richmond, VA - Criminal defense lawyer represented defendant with appealing the district court’s order denying his motion for compassionate release.
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.
AFFIRMED
Outcome: 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.
AFFIRME
Plaintiff's Experts:
Defendant's Experts:
Comments: