Opinion
No. 20-10325
05-14-2021
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LESLIE MINORU UEKI, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. Nos. 1:08-cr-00715-DKW-1 1:08-cr-00715-DKW MEMORANDUM Appeal from the United States District Court for the District of Hawaii
Derrick Kahala Watson, District Judge, Presiding Submitted May 12, 2021 San Francisco, California Before: NGUYEN, OWENS, and FRIEDLAND, Circuit Judges.
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). --------
Leslie Minoru Ueki appeals from the district court's order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). The district court held that Ueki had not shown "extraordinary and compelling" reasons warranting his release. 18 U.S.C. § 3582(c)(1)(A)(i). In doing so, the district court concluded it was bound by the U.S. Sentencing Commission's policy statement in U.S. Sentencing Guidelines Manual ("U.S.S.G.") § 1B1.13.
After the district court's decision, we held that "the current version of U.S.S.G. § 1B1.13 is not an 'applicable policy statement[ ]' for 18 U.S.C. § 3582(c)(1)(A) motions filed by a defendant." United States v. Aruda, 993 F.3d 797, 802 (9th Cir. 2021) (per curiam). "The Sentencing Commission's statements in U.S.S.G. § 1B1.13 may inform a district court's discretion for § 3582(c)(1)(A) motions filed by a defendant, but they are not binding." Id.
In light of our intervening decision in Aruda, we vacate and remand so that the district court can reassess Ueki's motion for compassionate release under the standard set forth there. We offer no views as to the merits of Ueki's § 3582(c)(1)(A)(i) motion.
VACATED AND REMANDED.