UNITED STATES v. PREM (2021)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Michael PREM, Defendant-Appellant.

No. 21-10054

Decided: July 28, 2021

Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.

Michael Francis Albanese, Esquire, Attorney, Marion Percell, Esquire, Assistant U.S. Attorney, DOJ - Office of the US Attorney, Honolulu, HI, for Plaintiff-Appellee. Maximilian J. Mizono, Attorney, Office of the Federal Public Defender, Assistant Federal Defender, Honolulu, HI, for Defendant-Appellant.

MEMORANDUM **

Michael Prem 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.

Prem contends that the district court erred by treating U.S.S.G. § 1B1.13 as a binding policy statement. The government concedes, and we agree, that remand is warranted for the district court to reassess Prem's motion for compassionate release under the standard set forth in United States v. Aruda, 993 F.3d 797, 802 (9th Cir. 2021) (“[T]he 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.” (internal quotation marks and alteration omitted)). Accordingly, we vacate the district court's order denying Prem's motion and remand for further proceedings. See id.

We offer no views as to the merits of Prem's § 3582(c)(1)(A)(i) motion, and we need not reach his remaining arguments on appeal.

VACATED AND REMANDED.

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