United States v. James Jackson ( 2022 )


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  •                            NOT FOR PUBLICATION                           FILED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
    

Document Info

Docket Number: 21-30208

Filed Date: 4/20/2022

Precedential Status: Non-Precedential

Modified Date: 4/20/2022