United States v. James Jackson ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 20 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-30208
Plaintiff-Appellee, D.C. No. 3:09-cr-00170-MO-1
v.
JAMES ALBERT JACKSON, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, District Judge, Presiding
Submitted April 11, 2022**
Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges.
James Albert Jackson appeals pro se from the district court’s orders denying
his second motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i)
following this court’s remand. We have jurisdiction under 28 U.S.C. § 1291, and
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).
Jackson asserts that the district court erred in denying his motion because it
failed to consider his medical conditions cumulatively and the risk that remains to
him from COVID-19 even after receiving the vaccine, and did not adequately
address the 18 U.S.C. § 3553(a) factors that are favorable to him or his arguments
for release. The record reflects, however, that the district court considered
Jackson’s circumstances and arguments. Moreover, it sufficiently explained its
decision to deny relief. See Chavez-Meza v. United States, 138 S. Ct. 1959, 1965-
67 (2018). The court acknowledged Jackson’s alleged medical conditions, but did
not abuse its discretion by concluding that they did not constitute extraordinary and
compelling reasons for compassionate release in light of the other facts in the
record. See United States v. Keller, 2 F.4th 1278, 1281 (9th Cir. 2021) (stating
standard of review). Moreover, the court reasonably concluded that Jackson’s
“history of committing serious violent crimes” precluded relief under § 3553(a).
See id. at 1284.
Jackson’s motion for appointment of counsel is denied.
AFFIRMED.
2 21-30208