Opinion
22-30057
10-24-2022
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JEFFREY WOOLLEY, 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NOT FOR PUBLICATION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 Montana D.C. No. 9:13-cr-00030-DWM-6 Donald W. Molloy, District Judge, Presiding
Before: SILVERMAN, GRABER, and BENNETT, Circuit Judges.
MEMORANDUM
Jeffrey Woolley 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.
Woolley contends that the district court abused its discretion by concluding 1 that the conditions at his facility, his health conditions, and the COVID-19 pandemic did not warrant compassionate release. The district court acknowledged that Woolley's age and medical conditions placed him at an increased risk of severe illness from COVID-19, as well as Woolley's arguments regarding the conditions of his confinement. However, it reasonably concluded that that these circumstances were not extraordinary and compelling in light of Woolley's vaccination status and recovery from a prior COVID-19 infection. Moreover, the district court gave an adequate justification for its decision, see Chavez-Meza v. United States, 138 S.Ct. 1959, 1965 (2018), and did not rely on any clearly erroneous findings of fact, see United States v. Christensen, 828 F.3d 763, 779 (9th Cir. 2015). On this record, the court did not abuse its discretion by denying relief. See United States v. Aruda, 993 F.3d 797, 799 (9th Cir. 2021).
AFFIRMED. 2
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).