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United States v. Davis

United States Court of Appeals, Fourth Circuit
Aug 28, 2023
No. 22-7057 (4th Cir. Aug. 28, 2023)

Opinion

22-7057

08-28-2023

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CORTESE TRAMAND DAVIS, Defendant-Appellant.

Cortese Tramand Davis, Appellant Pro Se.


UNPUBLISHED

Submitted: August 24, 2023

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:15-cr-00136-BO-1)

Cortese Tramand Davis, Appellant Pro Se.

Before QUATTLEBAUM and HEYTENS, Circuit Judges, and MOTZ, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Cortese Tramand Davis 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). After reviewing the record in its entirety, we conclude that the district court did not abuse its discretion in concluding that the 18 U.S.C. § 3553(a) factors did not warrant reducing Davis' sentence. Therefore, 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.


Summaries of

United States v. Davis

United States Court of Appeals, Fourth Circuit
Aug 28, 2023
No. 22-7057 (4th Cir. Aug. 28, 2023)
Case details for

United States v. Davis

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CORTESE TRAMAND DAVIS…

Court:United States Court of Appeals, Fourth Circuit

Date published: Aug 28, 2023

Citations

No. 22-7057 (4th Cir. Aug. 28, 2023)