NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 26 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-30014
Plaintiff-Appellee, D.C. No. 3:17-cr-00133-RRB-1
v.
MEMORANDUM*
DANNY RAY LOWE,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Alaska
Ralph R. Beistline, District Judge, Presiding
Submitted July 19, 2021**
Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.
Danny Ray Lowe 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.
Lowe argues that he is entitled to release given the COVID-19 outbreak at
*
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).
his prison and his high-risk medical conditions, and that his release would be
consistent with the 18 U.S.C. § 3553(a) factors. The district court considered these
arguments, but concluded that the risk Lowe poses to the public, which was not
significantly mitigated by his release plan, and his recovery from COVID-19
weighed against release. Because the record supports this conclusion, the district
court did not abuse its discretion by denying Lowe’s motion. See United States v.
Aruda, 993 F.3d 797, 799 (9th Cir. 2021) (stating standard of review); United
States v. Robertson, 895 F.3d 1206, 1213 (9th Cir. 2018) (a district court abuses its
discretion only if its decision is illogical, implausible, or without support in the
record). Moreover, the record does not support Lowe’s contention that the district
court believed it was constrained by U.S.S.G. § 1B1.13. See Aruda, 993 F.3d at
802.
The government’s motion to supplement the record is granted. Lowe’s
motion to strike the exhibit at Docket Entry No. 15-2 is denied. However, the
Clerk will maintain under seal the motion and exhibit at Docket Entry No. 15.
AFFIRMED.
2 21-30014