United States v. Draper
United States v. Draper
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 24 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 24-5588 D.C. No. Plaintiff - Appellee, 3:12-cr-00004-MMD-CSD-1 v. MEMORANDUM* DANIEL JAMES DRAPER,
Defendant - Appellant.
Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding
Submitted September 17, 2025**
Before: SILVERMAN, OWENS, and BRESS, Circuit Judges.
Daniel James Draper 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). Draper contends that the district court abused its discretion in denying his
motion because a change in law under Lora v. United States, 599 U.S. 453 (2023),
his rehabilitative efforts in prison, and his mother’s illness support compassionate
release. The district court did not abuse its discretion in concluding that none of
these circumstances is extraordinary and compelling. See 18 U.S.C. § 3582
sentencing court would have imposed a lower sentence. As to Draper’s remaining
arguments, the district court considered them and reasonably concluded they were
insufficient to warrant compassionate release “given the reasons for the imposition
of the sentence in the first place.” On this record, we affirm.
Any pending motions are denied.
AFFIRMED.
2 24-5588
Reference
- Status
- Unpublished