United States v. Guillermo Nunez-Beltran

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 25 2022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. 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