United States v. Gloudina Robbertse

NOT FOR PUBLICATION FILED

SEP 17 2021

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-30264

Plaintiff-Appellee, D.C. No. 1:18-cr-00281-DCN-

v.

GLOUDINA MARIA ROBBERTSE, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Idaho David C. Nye, District Judge, Presiding

Submitted September 14, 2021**

Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.

Gloudina Maria Robbertse appeals from the district court’s order denying

her 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 vacate and remand.

Robbertse contends that the district court erred under United States v. Aruda,

993 F.3d 797, 802 (9th Cir. 2021), by relying on U.S.S.G. § 1B1.13 to evaluate

* 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.…