United States v. Marquez-Huazo
United States v. Marquez-Huazo
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 27 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 24-2327 D.C. No. 1:07-cr-00271-DCN-1 Plaintiff - Appellee,
v. MEMORANDUM* GRACIANO MARQUEZ-HUAZO,
Defendant - Appellant.
Appeal from the United States District Court for the District of Idaho David C. Nye, District Judge, Presiding
Submitted November 20, 2024**
Before: CANBY, TALLMAN, and CLIFTON, Circuit Judges.
Graciano Marquez-Huazo 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.
Marquez-Huazo contends that compassionate release is warranted because
* 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). his 18 U.S.C § 924(c) conviction is infirm and he has participated in various
rehabilitative programs while incarcerated. Contrary to Marquez-Huazo’s
contention, the record reflects that the district court considered and adequately
addressed these arguments. See Chavez-Meza v. United States, 585 U.S. 109, 115-
17 (2018). The district court did not abuse its discretion in concluding that
Marquez-Huazo did not show extraordinary and compelling reasons for
compassionate release. See United States v. Keller, 2 F.4th 1278, 1281 (9th Cir.
2021). Nor did it abuse its discretion in concluding that the 18 U.S.C. § 3553(a)
factors, including Marquez-Huazo’s participation in a large-scale
methamphetamine distribution conspiracy, weighed against release. See id. at 1284
AFFIRMED.
2 24-2327
Reference
- Status
- Unpublished