UNITED STATES v. GONZALEZ (2020)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Ignacio GONZALEZ, aka Pelon, Defendant-Appellant.

No. 20-10236

Decided: November 17, 2020

Before: THOMAS, Chief Judge, TASHIMA and W. FLETCHER, Circuit Judges.

Merry Jean Chan, Assistant U.S. Attorney, Frank Riebli, Assistant U.S. Attorney, Kelly Irene Volkar, Matthew Martin Yelovich, Assistant U.S. Attorney, DOJ-USAO, San Francisco, CA, for Plaintiff-Appellee John J. Jordan, Attorney, Law Offices of John J. Jordan, San Francisco, CA, for Defendant-Appellant

MEMORANDUM **

Ignacio Gonzalez appeals from the district court's order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.

Gonzalez argues that, in light of the COVID-19 pandemic and his health conditions, the district court should have granted compassionate release. The parties agree, and the record reflects, that the district court incorrectly concluded that Gonzalez had not submitted evidence of his obesity. Because the court might have reached a different conclusion as to whether Gonzalez had demonstrated an “extraordinary and compelling reason” for reducing his sentence, 18 U.S.C. § 3582(c)(1)(A)(i), had it considered Gonzalez's obesity in combination with his other health problems, we vacate the district court's order and remand for further proceedings.

VACATED AND REMANDED.

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