United States v. William Davis, Jr. ( 2023 )


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  • USCA4 Appeal: 22-7328      Doc: 28         Filed: 03/24/2023     Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 22-7328
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    WILLIAM SCOTT DAVIS, JR.,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern District of North Carolina, at
    Raleigh. James C. Dever III, District Judge. (5:14-cr-00240-D-1)
    Submitted: March 21, 2023                                         Decided: March 24, 2023
    Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    William Scott Davis, Jr., Appellant Pro Se. John Parks Newby, Assistant United States
    Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
    for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 22-7328         Doc: 28        Filed: 03/24/2023      Pg: 2 of 2
    PER CURIAM:
    William Scott Davis, Jr., 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.), cert. denied,
    
    142 S. Ct. 383 (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. High, 
    997 F.3d 181
    , 187 (4th Cir. 2021) (cleaned up). After
    reviewing the record in this case, we conclude that the district court did not abuse its
    discretion in weighing the 
    18 U.S.C. § 3553
    (a) factors and concluding they did not support
    granting Davis’ motion. Therefore, we affirm the district court’s order. We deny Davis’
    pending motions. 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
    

Document Info

Docket Number: 22-7328

Filed Date: 3/24/2023

Precedential Status: Non-Precedential

Modified Date: 3/25/2023