U.S. Court of Appeals for the Fourth Circuit, 2023

United States v. Cortese Davis

United States v. Cortese Davis
U.S. Court of Appeals for the Fourth Circuit · Decided August 28, 2023

United States v. Cortese Davis

Opinion

USCA4 Appeal: 22-7057 Doc: 14 Filed: 08/28/2023 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-7057

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

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)

Submitted: August 24, 2023 Decided: August 28, 2023

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

Affirmed by unpublished per curiam opinion.

Cortese Tramand Davis, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-7057 Doc: 14 Filed: 08/28/2023 Pg: 2 of 2

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

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