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UNITED STATES of America, Plaintiff-Appellee, v. Nicholas VOTAW, Defendant-Appellant.
MEMORANDUM **
Nicholas Votaw 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 affirm.
Votaw contends that the district court should have granted his motion in light of his young age at the time of his offense, remarkable success on pretrial release, minimal and nonviolent criminal history, and stable release plan. The district court did not abuse its discretion by denying Votaw's motion. See United States v. Aruda, 993 F.3d 797, 799 (9th Cir. 2021). The district court assumed without deciding that Votaw demonstrated compelling and extraordinary reasons under § 3582(c)(1)(A)(i), but nevertheless concluded that the factors listed in 18 U.S.C. § 3553(a) did not support a sentence reduction. The district court's conclusions that the § 3553(a) factors did not support a substantial reduction in the 24-month sentence and that Votaw's medical needs were being adequately managed were not illogical, implausible, or without support in the record. See United States v. Robertson, 895 F.3d 1206, 1213 (9th Cir. 2018).
AFFIRMED.
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Docket No: No. 20-10431
Decided: July 23, 2021
Court: United States Court of Appeals, Ninth Circuit.
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