United States of America v. Spresim Alimi

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SPRESIM ALIMI,
Defendant-Appellant.
No. 20-30204
D.C. No. 3:16-cr-00028-TMB-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
Timothy M. Burgess, District Judge, Presiding
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
Spresim Alimi appeals pro se from the district court’s orders denying his
motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i) and
subsequent motion for reconsideration. 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).
FILED
AUG 26 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-30204
Alimi contends that the district court erred by applying U.S.S.G. § 1B1.13 as
an applicable policy statement, erred in its 18 U.S.C. § 3553(a) and dangerousness
analysis, and wrongly concluded that Alimi’s obesity alone could not constitute an
extraordinary and compelling reason for release. We need not decide whether the
district court erred in its “extraordinary and compelling” analysis because the court
did not abuse its discretion in independently concluding that the § 3553(a)
sentencing factors did not support relief. See United States v. Keller, 2 F.4th 1278,
1281, 1284 (9th Cir. 2021) (stating standard of review and explaining that court
may deny compassionate release based on its § 3553(a) analysis alone). As the
district court observed, Alimi’s criminal history, the seriousness of his offense, and
the need to protect the public weighed against shortening his sentence by more
than half. See 18 U.S.C. § 3553(a)(1), (a)(2)(A), (C). Moreover, contrary to
Alimi’s argument, the court did not rely on any clearly erroneous facts in
calculating the remaining time on Alimi’s custodial sentence.
AFFIRMED.

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