United States v. Jacob Drummondo-Farias

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 6 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 20-10187
20-10256
Plaintiff-Appellee,
D.C. Nos.
v. 1:12-cr-00174-JMS-1
1:12-cr-00174-JMS
JACOB DRUMMONDO-FARIAS,
Defendant-Appellant. MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
J. Michael Seabright, Chief District Judge, Presiding
Submitted August 4, 2021**
San Francisco, California
Before: THOMAS, Chief Judge, and HAWKINS and McKEOWN, Circuit
Judges.
Jacob Drummondo-Farias appeals pro se from the district court’s denial of
two motions for compassionate release brought under 18 U.S.C. § 3582(c)(1)(A)(i).
We have jurisdiction under 28 U.S.C. § 1291, and 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).
We review for an abuse of discretion the denial of a motion for compassionate
release under Section 3582(c)(1). United States v. Aruda, 993 F.3d 797, 799 (9th
Cir. 2021) (per curiam). A district court abuses its discretion when “its application
of the correct legal standard [is] (1) ‘illogical,’ (2) ‘implausible,’ or (3) without
‘support in inferences that may be drawn from the facts in the record.’” United
States v. Hinkson, 585 F.3d 1247, 1262 (9th Cir. 2009) (en banc) (quoting Anderson
v. City of Bessemer City, N.C., 470 U.S. 564, 577 (1985)).
The district court did not abuse its discretion by denying either of
Drummondo-Farias’s motions for compassionate release. At 37 years old,
Drummondo-Farias did not present a demonstrated risk factor for severe illness with
COVID-19 even assuming he was obese, and nearly 15 years remained on his 27-
year sentence. Nor did the district court abuse its discretion when it determined that
the Section 3553(a) weighed against release in light of Drummondo-Farias’s
criminal history. See United States v. Keller, 2 F.4th 1278, 1284 (9th Cir. 2021)
(noting the “deference we must afford the district court when it makes these
discretionary decisions”). There was no abuse of discretion.
AFFIRMED.
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