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United States v. Sekona

United States Court of Appeals, Ninth Circuit
Oct 18, 2022
No. 21-10192 (9th Cir. Oct. 18, 2022)

Opinion

21-10192

10-18-2022

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. PAUL SEKONA, AKA Maka, Defendant-Appellant.


NOT FOR PUBLICATION

Submitted October 12, 2022.[**]Honolulu, Hawaii.

Appeal from the United States District Court for the District of Hawaii D.C. No. 1:13-cr-00216-LEK-1, Leslie E. Kobayashi, District Judge, Presiding.

Before: SCHROEDER, RAWLINSON, and BRESS, Circuit Judges.

MEMORANDUM [*]

Paul Sekona appeals the district court's denial of his motion pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) for compassionate release. Such a motion may be granted upon a finding that "extraordinary and compelling reasons" warrant a reduction of sentence. 18 U.S.C. § 3582(c)(1)(A)(i). Sekona's motion cited obesity and possible untreated hypertension that rendered him at greater risk of becoming seriously ill from COVID-19.

The district court concluded Sekona had not demonstrated any extraordinary and compelling reason for reducing his sentence. The court cited scientific authority that vaccination helps protect against serious illness, and denied Sekona's motion because he had refused to be vaccinated.

Sekona maintains on appeal that the district court failed to consider the totality of circumstances when it denied his motion. He relies upon our recent decision in United States v. Aruda, 993 F.3d 797, 799-801 (9th Cir. 2021) (per curiam). That decision, however, does not adopt any new, totality of circumstances standard, but emphasizes that "district courts are empowered ... to consider any extraordinary and compelling reason for release that the defendant might raise." Id. at 801 (emphasis and alteration in the original). Here, Sekona raised his particular medical conditions, and the court considered them. The court concluded they were not extraordinary or compelling in light of his unexplained refusal to take the vaccine that would counteract the risk of such conditions causing serious illness. Sekona has not demonstrated any error on this record.

AFFIRMED.

[*] 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. Sekona

United States Court of Appeals, Ninth Circuit
Oct 18, 2022
No. 21-10192 (9th Cir. Oct. 18, 2022)
Case details for

United States v. Sekona

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. PAUL SEKONA, AKA Maka…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 18, 2022

Citations

No. 21-10192 (9th Cir. Oct. 18, 2022)