NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 25 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-10001
Plaintiff-Appellee, D.C. Nos.
2:09-cr-00222-HDM-PAL-1
v.
ANTHONY SWANSON, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Nevada
Howard D. McKibben, District Judge, Presiding
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
Anthony Swanson 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 affirm.
Swanson challenges the district court’s conclusion that he did not
*
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).
demonstrate extraordinary and compelling reasons warranting his release. The
district court did not abuse its discretion. See United States v. Aruda, 993 F.3d
797, 799 (9th Cir. 2021). The district court’s conclusions regarding the risk of
reinfection with COVID-19 and the availability of a vaccine were not illogical,
implausible, or without support in the record. See United States v. Robertson, 895
F.3d 1206, 1213 (9th Cir. 2018). Moreover, contrary to Swanson’s contention, the
record reflects that the district court satisfied its procedural obligations by
considering Swanson’s arguments and the relevant 18 U.S.C. § 3553(a) factors and
adequately explaining its decision that relief was unwarranted. See Chavez-Meza
v. United States, 138 S. Ct. 1959, 1965 (2018).
In light of this disposition, we need not reach Swanson’s additional
challenges to the district court’s application of the § 3553(a) factors. See United
States v. Keller, 2 F.4th 1278, 1284 (9th Cir. 2021) (a district court may deny a
compassionate release motion on the sole ground that the defendant did not show
an “extraordinary and compelling” reason for release).
AFFIRMED.
2 21-10001