History
  • No items yet
midpage
United States v. Samoa Lefiti
20-10437
| 9th Cir. | Jul 26, 2021
|
Check Treatment
|
Docket

*1 Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.

Samoa Ulisese Lefiti 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.

The district court found that Lefiti had shown extraordinary and compelling *2 reasons for compassionate release, but denied relief on the basis of the 18 U.S.C. § 3553(a) factors. Lefiti argues that the district court erred by treating U.S.S.G. § 1B1.13 as binding in violation of United States v. Aruda , 993 F.3d 797, 802 (9th Cir. 2021). Though he acknowledges that the court found in his favor as to extraordinary and compelling reasons, he contends that reversal is required because “the court’s adherence to the guideline and its commentary nonetheless adversely affected its consideration of § 3553(a)’s factors.” We disagree. While the court focused on the danger Lefiti poses to the public, a consideration specifically enumerated in § 1B1.13, it also expressly tied its dangerousness analysis to § 3553(a)(2)(C), which concerns the need to protect the public. On this record, any error by the court in relying on § 1B1.13 was harmless. Moreover, contrary to Lefiti’s arguments, the court correctly evaluated the § 3553(a) factors, considered the totality of the circumstances, and did not abuse its discretion in denying relief. See Aruda , 993 F.3d at 799 (stating standard of review); United States v. Robertson , 895 F.3d 1206, 1213 (9th Cir. 2018) (a district court abuses its discretion only if its decision is illogical, implausible, or without support in the record).

AFFIRMED.

2 20-10437

[*] 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). Accordingly, Lefiti’s motion to expedite submission without oral argument is granted.

Case Details

Case Name: United States v. Samoa Lefiti
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jul 26, 2021
Docket Number: 20-10437
Court Abbreviation: 9th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.