United States of America v. JA’DEL RAYNARD McFIELD

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JA’DEL RAYNARD McFIELD,
Defendant-Appellant.
No. 20-10358
D.C. No. 4:15-cr-00266-HSG-5
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Haywood S. Gilliam, Jr., District Judge, Presiding
Submitted May 18, 2021**
Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges
Ja’Del Raynard McField 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. We vacate the district court’s order and
remand for the district court to reconsider McField’s motion.
* 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
MAY 24 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-10358
The district court concluded that McField had not shown “extraordinary and
compelling” reasons warranting his release. 18 U.S.C. § 3582(c)(1)(A)(i). In
doing so, it is unclear whether the district court treated U.S.S.G. § 1B1.13 as
binding. After the district court’s decision, we held that “the current version of
U.S.S.G. § 1B1.13 is not an applicable policy statement for 18 U.S.C.
§ 3582(c)(1)(A) motions filed by a defendant.” United States v. Aruda, 993 F.3d
797, 802 (9th Cir. 2021) (internal quotation marks and alterations omitted). “The
Sentencing Commission’s statements in U.S.S.G. § 1B1.13 may inform a district
court’s discretion for § 3582(c)(1)(A) motions filed by a defendant, but they are
not binding.” Id.
In light of our intervening decision in Aruda, we vacate and remand so that
the district court can reassess McField’s motion for compassionate release under
the standard set forth there. We offer no views as to the merits of McField’s
§ 3582(c)(1)(A)(i) motion.
VACATED AND REMANDED.

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