United States v. Joshua Johnson ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 24 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-30076
Plaintiff-Appellee, D.C. No. 3:11-cr-00023-RRB-4
v.
MEMORANDUM*
JOSHUA CLAY JOHNSON,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Alaska
Ralph R. Beistline, District Judge, Presiding
Submitted March 16, 2022**
Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.
Joshua Clay Johnson 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. Reviewing for abuse of discretion, see
United States v. Keller, 2 F.4th 1278, 1281 (9th Cir. 2021), we affirm.
*
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).
Johnson contends that the district court did not give sufficient consideration
to his arguments for release and the totality of the circumstances, and clearly erred
in concluding that he was receiving adequate medical care in prison, that he was
equally vulnerable to COVID-19 outside of custody, and that his release would
pose a danger to the public. But, the court acknowledged Johnson’s arguments and
its factual findings had support in the record. The court did not abuse its discretion
in concluding that (1) Johnson had failed to show extraordinary and compelling
circumstances warranting compassionate release, and (2) the 18 U.S.C. § 3553(a)
factors did not support release in light of Johnson’s significant criminal history and
the many disciplinary infractions he has incurred while incarcerated. See United
States v. Robertson, 895 F.3d 1206, 1213 (9th Cir. 2018) (district court abuses its
discretion only if its decision is illogical, implausible, or not supported by the
record).
AFFIRMED.
2 21-30076