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United States Court of Appeals, Ninth Circuit.

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

No. 21-30000

Decided: June 29, 2021

Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges. Lori Anne Harper Suek, Assistant U.S. Attorney, Leif Johnson, Assistant U.S. Attorney, Office of the US Attorney, Billings, MT, for Plaintiff-Appellee Michael Cory Severson, Pro Se


Michael Cory Severson appeals pro se 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.

After the district court's decision denying relief, this court held that the current version of U.S.S.G. § 1B1.13 is not binding as applied to § 3582(c)(1)(A) motions brought by prisoners. See United States v. Aruda, 993 F.3d 797, 802 (9th Cir. 2021) (“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.”). Because it appears that the district court treated U.S.S.G. § 1B1.13 as binding and denied Severson's motion pursuant to that guideline, we vacate and remand so the district court can reassess Severson's motion for compassionate release under the standard set forth in Aruda. See id.

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

Severson's motion for an extension of time to file his reply brief is granted. The reply brief at Docket Entry No. 21 has been filed and considered.


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