United States v. McMurray
United States v. McMurray
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 10 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 24-7438 D.C. No. Plaintiff - Appellee, 3:12-cr-00360-AB-1 v. MEMORANDUM* KEITH LAWRENCE MCMURRAY,
Defendant - Appellant.
Appeal from the United States District Court for the District of Oregon Amy M. Baggio, District Judge, Presiding
Submitted August 19, 2025**
Before: SILVERMAN, HURWITZ, and BADE, Circuit Judges.
Keith Lawrence McMurray appeals from the district court’s order denying
his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). 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). McMurray contends the district court relied on clearly erroneous facts, failed
to explain why it rejected his arguments, and abused its discretion in concluding
that the danger he poses to the public and the 18 U.S.C. § 3553(a) factors as a
whole do not support compassionate release. These claims are unavailing. The
court’s factual findings concerning McMurray’s conduct while incarcerated and his
failure to complete treatment are supported by the record. Moreover, the record
reflects that the court understood and considered McMurray’s arguments but did
not find them convincing. Finally, the court did not abuse its discretion in
concluding that a sentence reduction would not be consistent with the § 3553(a)
sentencing factors or the applicable Guidelines’ policy statements. See Keller, 2 F.4th at 1284; United States v. Robertson, 895 F.3d 1206, 1213 (9th Cir. 2018)
(district court abuses its discretion only if its decision is illogical, implausible, or
not supported by the record).
AFFIRMED.
2 24-7438
Reference
- Status
- Unpublished