United States v. Edgar Udarbe

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 17 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10062

Plaintiff-Appellee, D.C. No. 1:17-cr-00322-LEK-

v.

EDGAR VILORIA UDARBE, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Hawaii Leslie E. Kobayashi, District Judge, Presiding

Submitted September 14, 2021**

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

Edgar Viloria Udarbe 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 vacate and remand.

Udarbe contends that the district court did not fully recognize its discretion

* 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). to grant him relief because it incorrectly…