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United States v. Dorsch

United States Court of Appeals, Ninth Circuit
Oct 19, 2022
No. 21-10353 (9th Cir. Oct. 19, 2022)

Opinion

21-10353

10-19-2022

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CHRISTIAN HENRY DORSCH, Jr., Defendant-Appellant.


NOT FOR PUBLICATION

Submitted October 12, 2022 [**]

Appeal from the United States District Court No. 2:18-cr-00232-TLN-1 for the Eastern District of California Troy L. Nunley, District Judge, Presiding

Before: SILVERMAN, GRABER, and BENNETT, Circuit Judges.

MEMORANDUM [*]

Christian Henry Dorsch, Jr., appeals 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. 1

Dorsch contends that he is entitled to compassionate release in light of his rehabilitative efforts in prison and his release plan. The district court reasonably concluded that Dorsch had failed to establish extraordinary and compelling reasons for release, given his vaccination status and the medical care he was being offered in prison. The court also reasonably concluded that the 18 U.S.C. § 3553(a) factors did not support releasing Dorsch when he still had more than half of his sentence left to serve. On this record, the court did not abuse its discretion by denying relief. See Keller, 2 F.4th at 1284; see also 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).

We do not consider Dorsch's new factual allegations regarding complications from a leg injury because our review is limited to the facts that were before the district court. See United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990).

AFFIRMED. 2

[*] 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).


Summaries of

United States v. Dorsch

United States Court of Appeals, Ninth Circuit
Oct 19, 2022
No. 21-10353 (9th Cir. Oct. 19, 2022)
Case details for

United States v. Dorsch

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CHRISTIAN HENRY DORSCH…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 19, 2022

Citations

No. 21-10353 (9th Cir. Oct. 19, 2022)