United States of America v. Cortese Tramand Davis

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

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

-- 2 of 2 --