United States of America v. CESAR MUNOZ GONZALEZ, AKA Blanco, AKA "B"

23-1138Court of Appeals for the Ninth CircuitFeb 29, 2024

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CESAR MUNOZ GONZALEZ, AKA
Blanco, AKA "B",
Defendant - Appellant.
No. 23-1138
D.C. No. 2:10-cr-00567-RGK-2
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted February 21, 2024**
Before: FERNANDEZ, NGUYEN, and OWENS, Circuit Judges.
Cesar Munoz Gonzalez 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. Reviewing for abuse of discretion, see
* 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
FEB 29 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 23-1138
United States v. Aruda, 993 F.3d 797, 799 (9th Cir. 2021), we affirm.
Gonzalez contends that the district court erred by failing to recognize its
authority to reduce his sentence even if it did not grant him immediate release.
The record demonstrates that the district court adequately responded to the
arguments Gonzalez presented and does not suggest the court misunderstood the
scope of its discretion under § 3582(c)(1)(A)(i). See Walton v. Arizona, 497 U.S.
639, 653 (1990) (“Trial judges are presumed to know the law and to apply it in
making their decisions.”), overruled on other grounds by Ring v. Arizona, 536 U.S.
584, 609 (2002). Moreover, the district court did not abuse its discretion by
concluding that Gonzalez had not demonstrated extraordinary and compelling
reasons for relief. See 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).
AFFIRMED.

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