United States v. Gregory Hoffman

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 27 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10034

Plaintiff-Appellee, D.C. No. 2:08-cr-00027-GMN-GWF-1 v.

GREGORY HOFFMAN,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada Gloria M. Navarro, District Judge, Presiding

Submitted August 17, 2021**

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

Gregory Hoffman 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.

Hoffman contends that the district court erred by treating U.S.S.G. § 1B1.

* 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). as an applicable policy statement and abused its discretion in concluding that

Hoffman’s release…