UNITED STATES v. McDONALD

No. 19-7668, No. 19-7673, No. 19-7715.

986 F.3d 402 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Gerrell MCDONALD, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Anthony Ballard, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Riccardo Mercellus Davey, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 22, 2021.


Attorney(s) appearing for the Case

ARGUED: Eric Joseph Brignac , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellants. Kristine L. Fritz , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: G. Alan DuBois , Federal Public Defender, Andrew K. Kukorowski , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellants. Robert J. Higdon, Jr. , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Thacker wrote the opinion, in which Judge Diaz and Judge Harris joined.


Timothy McDonald, Anthony Ballard, and Riccardo Mercellus Davey (collectively, "Appellants")1 appeal district court orders partially granting their motions for sentence reductions pursuant to Section 404 of the First Step Act. In each case, the district court granted Appellants' motions pursuant...

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