United States v. Boupane Phaymany

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 29 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-30253

Plaintiff-Appellee, D.C. No. 3:17-cr-00136-RRB-

v.

BOUPANE PHAYMANY, AKA Bounpane MEMORANDUM* Phaymany,

Defendant-Appellant.

Appeal from the United States District Court for the District of Alaska Ralph R. Beistline, District Judge, Presiding

Submitted June 15, 2022**

Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.

Boupane Phaymany appeals pro se 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 affirm.

Phaymany first contends that the district court erroneously treated U.S.S.G.

* 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). § 1B1.13 as binding in evaluating his motion.…