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:


Richmond, VA. Criminal defense Lawyer Directory


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:



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: