United States v. Tyler Pacarro

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 23 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10430

Plaintiff-Appellee, D.C. No. 1:15-cr-00704-HG-

v.

MEMORANDUM*

TYLER D.K. PACARRO,

Defendant-Appellant.

Appeal from the United States District Court for the District of Hawaii Helen W. Gillmor, District Judge, Presiding

Submitted August 17, 2021**

Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.

Tyler D.K. Pacarro 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. We vacate the district court’s order and

remand for the district court to reconsider Pacarro’s motion.

* 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). The district court held that Pacarro had not shown “extraordinary and

compelling”…