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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 25 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 21-30166 Plaintiff-Appellee, D.C. No. 2:16-cr-00091-WFN-1 v. MEMORANDUM* ZACHARY WAYNE JONES, AKA Zachary W. Jones, AKA Kelodragon, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, District Judge, Presiding Submitted March 16, 2022** Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges. Zachary Wayne Jones 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. Aruda,
993 F.3d 797, 799 (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). Jones contends that the district court overlooked several of his arguments for release, relied on clearly erroneous facts, inadequately explained its decision to deny the motion, and may have wrongly treated U.S.S.G. § 1B1.13 as binding. The record reflects, however, that the district court understood Jones’s arguments and adequately explained why it believed Jones had not shown extraordinary and compelling reasons for compassionate release. See Chavez-Meza v. United States,
138 S. Ct. 1959, 1965-67 (2018). Moreover, the court did not rely on any clearly erroneous facts, and did not cite § 1B1.13 or otherwise indicate that it believed the Guideline constrained its analysis. In light of the reasons provided by the district court, it did not abuse its discretion by denying Jones’s motion. AFFIRMED. 2 21-30166
Document Info
Docket Number: 21-30166
Filed Date: 3/25/2022
Precedential Status: Non-Precedential
Modified Date: 3/25/2022