Gutierrez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 23 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 25-3262 D.C. No. Plaintiff - Appellee, 1:18-cr-00050-SPW-1 v.

MEMORANDUM*

ANTONIO FRANCISCO GUTIERREZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding

Submitted December 17, 2025**

Before: PAEZ, CHRISTEN, and KOH, Circuit Judges.

Antonio Francisco Gutierrez appeals from the district court’s order denying

his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). We

have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The district court agreed with the parties that the incapacitation of

* 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). Gutierrez’s wife constituted extraordinary and compelling circumstances, but…