US v. Benjamine Moss, Jr.

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 25-6678

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BENJAMINE MOSS, JR., a/k/a BJ,

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-00088-D-1)

Submitted: July 16, 2026 Decided: July 20, 2026

Before WILKINSON, RICHARDSON, and QUATTLEBAUM, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Benjamine Moss, Jr., Appellant Pro Se. Lucy Partain Brown, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:
Benjamine Moss, Jr., appeals the district court’s order denying relief on his 18
U.S.C. § 3582(c)(2) motion for a sentence reduction. “We review a district court’s decision
[whether] to reduce a sentence under 18 U.S.C. § 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 Moss’s sentence and recognized Moss’s
postsentencing conduct, but the court declined to grant 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