UNITED STATES v. TORRES (2021)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Gilbert Joseph Doney TORRES, Defendant-Appellant.

No. 21-30112

Decided: September 21, 2021

Before: PAEZ, NGUYEN, and OWENS, Circuit Judges

Leif Johnson, Assistant U.S. Attorney, Brendan Patrick McCarthy, Assistant U.S. Attorney, Office of the US Attorney, Billings, MT, for Plaintiff-Appellee. Joslyn Michelle Hunt, FDMT-Federal Defenders of Montana, Helena, MT, for Defendant Appellant.

MEMORANDUM **

Gilbert Joseph Doney Torres 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.

Torres contends that, in light of his extensive medical problems, the district court reached an illogical and unsupported conclusion when it determined that release was unwarranted. Given the record before the district court, it did not abuse its discretion by denying relief. See United States v. Aruda, 993 F.3d 797, 799 (9th Cir. 2021) (stating standard of review). The district court acknowledged Torres's health conditions, but after considering his disciplinary violations while in prison and extensive criminal history, it determined that release would not serve public safety, promote respect for the law, or reflect the seriousness of the offense. See 18 U.S.C. § 3553(a)(1)-(2). This conclusion was 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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