Opinion
21-30112
09-21-2021
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. GILBERT JOSEPH DONEY TORRES, 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NOT FOR PUBLICATION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 No. 1:14-cr-00050-SPW-1 for the District of Montana Susan P. Watters, District Judge, Presiding
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Gilbert Joseph Doney Torres 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.
Torres contends that, in light of his extensive medical problems, the district court reached an illogical and unsupported conclusion when it determined that release was unwarranted. Given the record before the district court, it did not abuse its discretion by denying relief. See United States v. Aruda, 993 F.3d 797, 799 (9th Cir. 2021) (stating standard of review). The district court acknowledged Torres's health conditions, but after considering his disciplinary violations while in prison and extensive criminal history, it determined that release would not serve public safety, promote respect for the law, or reflect the seriousness of the offense. See 18 U.S.C. § 3553(a)(1)-(2). This conclusion was not illogical, implausible, or without support in the record. See United States v. Robertson, 895 F.3d 1206, 1213 (9th Cir. 2018).
AFFIRMED.