No. 21-7325.

99 F.4th 647 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio DAVIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 18, 2024.

Attorney(s) appearing for the Case

ARGUED: Rachel A. Chung , O'MELVENY & MYERS LLP, Washington, D.C., for Appellant. Aidan Taft Grano-Mickelsen , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: Michael R. Dreeben , O'MELVENY & MYERS LLP, Washington, D.C., for Appellant. Jessica D. Aber , United States Attorney, Richmond, Virginia, Eric M. Hurt , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee.

Affirmed in part, vacated and remanded in part by published opinion. Judge Gregory wrote the opinion, in which Judge Wynn joined. Judge Rushing wrote a dissenting opinion.

Antonio Davis is currently serving a 210-month prison sentence for conspiracy to possess with intent to distribute heroin. After serving about half of his sentence, and in the midst of the COVID-19 pandemic, Davis petitioned the district court for compassionate release based on his elevated risk of severe COVID-19 and a change...

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