UNITED STATES v. AMEZCUA (2021)

MEMORANDUM **

Raul Amezcua appeals from the district court's order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). The district court held that Amezcua had not shown “extraordinary and compelling” reasons warranting his release. 18 U.S.C. § 3582(c)(1)(A)(i). In doing so, the district court appears to have relied on the U.S. Sentencing Commission's policy statement in U.S. Sentencing Guidelines Manual (“U.S.S.G.”) § 1B1.13. After the district court's decision, we held that “the current version of U.S.S.G. § 1B1.13 is not an ‘applicable policy statement[  ]’ for 18 U.S.C. § 3582(c)(1)(A) motions filed by a defendant.” United States v. Aruda, No. 20-10245, 993 F.3d 797, 802 (9th Cir. Apr. 8, 2021) (per curiam). “The Sentencing Commission's statements in U.S.S.G. § 1B1.13 may inform a district court's discretion for § 3582(c)(1)(A) motions filed by a defendant, but they are not binding.” Id.

In light of our intervening decision in Aruda, we vacate and remand so that the district court can reassess Amezcua's motion for compassionate release under the standard set forth there. We offer no views as to the merits of Amezcua's § 3582(c)(1)(A)(i) motion.

VACATED AND REMANDED.