United States of America v. Dumitru Martin

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DUMITRU MARTIN,
Defendant-Appellant.
No. 21-10322
D.C. No. 2:15-cr-00235-TLN-1
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Troy L. Nunley, District Judge, Presiding
Submitted November 15, 2022**
Before: CANBY, CALLAHAN, and BADE, Circuit Judges.
Dumitru Martin appeals from the district court’s order denying his renewed
motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
In support of his renewed motion, Martin submitted additional medical
* 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
NOV 25 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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evidence and again argued that he was receiving inadequate care. He also argued
that the 18 U.S.C. § 3553(a) factors supported compassionate release because his
release would not pose a risk to the public, the plea deal offered to him before trial
and the sentences received by his co-defendants showed that his sentence was too
long, and other similarly situated defendants had been granted compassionate
release. The additional medical evidence Martin submitted was largely duplicative
of the medical evidence the district court had previously considered and, in any
event, the court assumed that Martin’s medical conditions were sufficiently serious
to constitute extraordinary and compelling reasons. As to Martin’s § 3553(a)
arguments, to the extent he asserted new grounds for relief, we cannot say the
district court abused its discretion in concluding that those new arguments did not
outweigh the other § 3553(a) factors, including the seriousness of the offense. See
United States v. Wright, 46 F.4th 938, 944, 948 (9th Cir. 2022).
Martin’s request for judicial notice of two news articles that postdate the
district court’s order is denied.
AFFIRMED.

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