Opinion
21-10335
06-27-2022
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ALEJANDRO ALEX INCERA, AKA Alexander Jiminez-Incera, Defendant-Appellant.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court for the District of Nevada, D.C. No. 2:18-cr-00169-JCM-NJK-2 James C. Mahan, District Judge, Presiding
Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.
MEMORANDUM
Alejandro Alex Incera 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, and we affirm.
Incera contends that the district court should have granted his motion because his history of Guillain-Barre syndrome ("GBS"), in combination with his other medical conditions and his mother's recent cancer diagnosis, constitute an extraordinary and compelling reason for compassionate release. The district court did not abuse its discretion in finding otherwise. See United States v. Aruda, 993 F.3d 797, 799 (9th Cir. 2021). As the court explained, Incera's history of GBS did not justify his refusal to be vaccinated because the Centers for Disease Control and Prevention recommends vaccination for those who have had GBS. Moreover, the record does not support Incera's assertion that he has other medical issues, such as asthma. Finally, the district court did not abuse its discretion in concluding that the developments with Incera's mother did not constitute an extraordinary and compelling reason to grant relief.
AFFIRMED.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).