United States v. Kevin McCollum

USCA4 Appeal: 24-7087 Doc: 11 Filed: 05/20/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 24-7087 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KEVIN O’BRIAN MCCOLLUM, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:21-cr-00032-D-1) Submitted: May 15, 2025 Decided: May 20, 2025 Before NIEMEYER and HEYTENS, Circuit Judges, and KEENAN, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Kevin O’Brian McCollum, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-7087 Doc: 11 Filed: 05/20/2025 Pg: 2 of 2 PER CURIAM: Kevin O’Brian McCollum appeals the district court’s order denying relief on his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction based on Amendment 821 to the Sentencing Guidelines. “We review a district court’s decision [whether] to reduce a sentence under § 3582(c)(2) for abuse of discretion and its ruling as to the scope of its legal authority under § 3582(c)(2) de novo.” United States v. Mann, 709 F.3d 301, 304 (4th Cir. 2013). Our review of the record reveals no error. The court clearly understood its authority to reduce McCollum’s sentence and recognized McCollum’s postsentencing rehabilitative conduct, but nevertheless exercised its discretion to deny a reduction based on its review of the 18 U.S.C. § 3553(a) factors. Accordingly, we affirm the district court’s order. 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