United States v. Tommy Clark, Jr.

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 25, 2025
• Docket: 24-7172
• Status: Unpublished

Opinion

USCA4 Appeal: 24-7172 Doc: 9 Filed: 02/25/2025 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-7172

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TOMMY JERMAINE CLARK, JR., a/k/a Sosa,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. John A. Gibney, Jr., Senior District Judge. (3:22-cr-00127-JAG-1)

Submitted: February 20, 2025 Decided: February 25, 2025

Before AGEE, HARRIS, and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Tommy Jermaine Clark, Jr., Appellant Pro Se. Patrick Joseph McGorman, Assistant United States Attorney, Jessica Lee Wright, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-7172 Doc: 9 Filed: 02/25/2025 Pg: 2 of 3

PER CURIAM:

Tommy Jermaine Clark, Jr. appeals the district court’s order denying relief on his

18 U.S.C. § 3582(c)(1)(A) motion for compassionate release. We review the denial of

compassionate release under 18 U.S.C. § 3582(c)(1)(A) for abuse of discretion. United

States v. Brown, 78 F.4th 122, 127 (4th Cir. 2023). “In doing so, we ensure that the district

court has not acted arbitrarily or irrationally, has followed the statutory requirements, and

has conducted the necessary analysis for exercising its discretion.” Id. (internal quotation

marks omitted).

“In analyzing a motion for compassionate release, district courts must determine:

(1) whether extraordinary and compelling reasons warrant such a reduction; and (2) that

such a reduction is consistent with applicable policy statements issued by the Sentencing

Commission.” United States v. Malone, 57 F.4th 167, 173 (4th Cir. 2023). “Only after

this analysis may the district court grant the motion if (3) the relevant 18 U.S.C. § 3553(a)

factors, to the extent they are applicable, favor release.” Id. “

On appeal, Clark challenges the district court’s conclusion that he failed to

demonstrate extraordinary and compelling reasons for his release. We find no abuse of

discretion. The district court addressed Clark’s arguments that extraordinary and

compelling reasons existed for his release and specifically explained why they failed to

meet the standard.

2 USCA4 Appeal: 24-7172 Doc: 9 Filed: 02/25/2025 Pg: 3 of 3

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