United States v. Marquez-Huazo

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 27 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 24-2327 D.C. No. 1:07-cr-00271-DCN-1 Plaintiff - Appellee, v. MEMORANDUM* GRACIANO MARQUEZ-HUAZO, Defendant - Appellant. Appeal from the United States District Court for the District of Idaho David C. Nye, District Judge, Presiding Submitted November 20, 2024** Before: CANBY, TALLMAN, and CLIFTON, Circuit Judges. Graciano Marquez-Huazo appeals pro se 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. Marquez-Huazo contends that compassionate release is warranted because * 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). his 18 U.S.C § 924(c) conviction is infirm and he has participated in various rehabilitative programs while incarcerated. Contrary to Marquez-Huazo’s contention, the record reflects that the district court considered and adequately addressed these arguments. See Chavez-Meza v. United States, 585 U.S. 109, 115- 17 (2018). The district court did not abuse its discretion in concluding that Marquez-Huazo did not show extraordinary and compelling reasons for compassionate release. See United States v. Keller, 2 F.4th 1278, 1281 (9th Cir. 2021). Nor did it abuse its discretion in concluding that the 18 U.S.C. § 3553(a) factors, including Marquez-Huazo’s participation in a large-scale methamphetamine distribution conspiracy, weighed against release. See id. at 1284. AFFIRMED. 2 24-2327