United States v. Dennis Duarte

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 23 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10148

Plaintiff-Appellee, D.C. Nos. 1:15-cr-00633-JMS-1 v. 1:15-cr-00633-JMS

DENNIS DUARTE,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Hawaii J. Michael Seabright, Chief District Judge, Presiding

Submitted February 17, 2022** Honolulu, Hawaii

Before: HAWKINS, R. NELSON, and FORREST, Circuit Judges.

Defendant-Appellant Dennis Duarte appeals the denial of his motion for

compassionate release. He contends the district court erred on two grounds: (1) it

abused its discretion in finding that the risk of infection with COVID-19 did not

present an “extraordinary and compelling reason[]” for his release under 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…