United States of America v. Antonio D. Washington

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ANTONIO D. WASHINGTON,
Defendant-Appellant.
No. 20-30255
D.C. No. 3:15-cr-00104-SLG-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
Sharon L. Gleason, District Judge, Presiding
Submitted November 8, 2021**
Before: CANBY, TASHIMA, and MILLER, Circuit Judges.
Antonio D. Washington 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.
Washington contends that the district court abused its discretion by ignoring
* 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).
FILED
NOV 12 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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the severity of his medical issues and the conditions at his prison, as well as by
concluding that the 18 U.S.C. § 3553(a) sentencing factors weighed against relief.
The district court concluded that, despite Washington’s commendable efforts at
rehabilitation, relief was unwarranted in light of the § 3553(a) factors, including
Washington’s extensive and violent criminal history and the fact that Washington
had served less than half of his sentence. This was not an abuse of discretion. See
United States v. Keller, 2 F.4th 1278, 1281 (9th Cir. 2021) (stating standard of
review); United States v. Robertson, 895 F.3d 1206, 1213 (9th Cir. 2018) (district
court abuses its discretion only if its decision is illogical, implausible, or not
supported by the record). Accordingly, we do not reach Washington’s argument
that the district court erred in its analysis of whether he had shown extraordinary
and compelling reasons for relief. See Keller, 2 F.4th at 1284 (a district court may
deny compassionate release based on the § 3553(a) factors alone).
To the extent Washington seeks to introduce new evidence regarding his
medical conditions, we do not consider that evidence because it was not presented
to the district court. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.

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