NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 17 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 20-10236
Plaintiff-Appellee, D.C. No. 4:16-cr-00382-HSG-14
v.
MEMORANDUM*
IGNACIO GONZALEZ, AKA Pelon,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of California
Haywood S. Gilliam, Jr., District Judge, Presiding
Submitted November 9, 2020**
Before: THOMAS, Chief Judge, TASHIMA and W. FLETCHER, Circuit Judges.
Ignacio Gonzalez 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.
Gonzalez argues that, in light of the COVID-19 pandemic and his health
*
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).
conditions, the district court should have granted compassionate release. The
parties agree, and the record reflects, that the district court incorrectly concluded
that Gonzalez had not submitted evidence of his obesity. Because the court might
have reached a different conclusion as to whether Gonzalez had demonstrated an
“extraordinary and compelling reason” for reducing his sentence, 18 U.S.C.
§ 3582(c)(1)(A)(i), had it considered Gonzalez’s obesity in combination with his
other health problems, we vacate the district court’s order and remand for further
proceedings.
VACATED AND REMANDED.
2 20-10236
United States v. Ignacio Gonzalez
Combined Opinion