United States v. Guillermo Nunez-Beltran ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 25 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-30150
Plaintiff-Appellee, D.C. No. 1:17-cr-00244-DCN-2
v.
MEMORANDUM*
GUILLERMO NUNEZ-BELTRAN,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Idaho
David C. Nye, District Judge, Presiding
Submitted February 15, 2022**
Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.
Guillermo Nunez-Beltran 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 affirm.
Nunez-Beltran contends that he is entitled to compassionate release in light
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
of the COVID-19 pandemic, his medical conditions, his prior infection with
COVID-19, and the non-violent nature of his offense. The district court did not
abuse its discretion by denying relief. See United States v. Aruda, 993 F.3d 797,
799 (9th Cir. 2021). In addition to observing that the Bureau of Prisons’ COVID-
19 action plan reduced the likelihood that Nunez-Beltran would be reinfected, the
court reasonably concluded that compassionate release was unwarranted under the
18 U.S.C. § 3553(a) factors, including the substantial amount of time remaining on
Nunez-Beltran’s sentence and the seriousness of his underlying offense. See
United States v. Keller, 2 F.4th 1278, 1284 (9th Cir. 2021).
AFFIRMED.
2 21-30150