United States v. Craig Nitsche, II

discussion of § 1B1.13 and the danger Nitsche’s release would pose to the

community under 18 U.S.C § 3142(g) reflects its permissible reliance on the

Guideline as guidance. See Aruda, 993 F.3d at 802 (“The Sentencing

Commission’s statements in U.S.S.G. § 1B1.13 may inform a district court’s

discretion for § 3582(c)(1)(A) motions filed by a defendant[.]”).

Contrary to Nitsche’s remaining argument, the district court’s generalized

statements about the risk to inmates as vaccination rates increase were not clearly

erroneous. See United States v. Graf, 610 F.3d 1148, 1157 (9th Cir. 2010) (“A

finding is clearly erroneous if it is illogical, implausible, or without support in the

record.”).

AFFIRMED.

21-10104