United States v. Andre Brown

FILED

NOT FOR PUBLICATION

FEB 11 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10031

Plaintiff-Appellee, D.C. Nos. 3:17-cr-00104-SI-1 3:17-cr-00104-SI v.

ANDRE MITCHELL BROWN, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California Susan Illston, District Judge, Presiding

Submitted February 9, 2022** San Francisco, California

Before: HURWITZ and VANDYKE, Circuit Judges, and ERICKSEN,*** District Judge.

Andre Brown sought compassionate release pursuant to 18 U.S.C.

* 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 Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, sitting by designation. § 3582(c)(1)(A)(i), citing asthma and a COVID-19 diagnosis. Relying solely on the

factors in 18 U.S.C. § 3553(a),…