United States of America v. Suren Garibyan

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SUREN GARIBYAN,
Defendant-Appellant.
No. 21-50052
D.C. No. 2:09-cr-00783-TJH-2
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Terry J. Hatter, Jr., District Judge, Presiding
Submitted June 15, 2022**
Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.
Suren Garibyan 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. Reviewing for abuse of discretion, see United
States v. Keller, 2 F.4th 1278, 1281 (9th Cir. 2021), we affirm.
* 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
JUN 29 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-50052
Garibyan contends that, because the district court erroneously believed it
was constrained by U.S.S.G. § 1B1.13, it did not consider all of his arguments in
support of his assertion that he had extraordinary and compelling reasons for
compassionate release. We do not address this claim because the court concluded
that, even if Garibyan had shown extraordinary and compelling reasons, it would
deny his motion under the 18 U.S.C. § 3553(a) factors. Contrary to Garibyan’s
contention, the court considered his § 3553(a) arguments, adequately explained its
decision, and did not abuse its discretion in concluding that the § 3553(a) factors
did not support relief. See Chavez-Meza v. United States, 138 S. Ct. 1959, 1965
(2018); Keller, 2 F.4th at 1284.
AFFIRMED.

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