United States of America v. Ismael Serrano

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ISMAEL SERRANO,
Defendant-Appellant.
Nos. 21-50012
21-50013
D.C. Nos. 5:13-cr-00005-VAP-1
5:18-cr-00148-VAP-1
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted November 8, 2021**
Before: CANBY, TASHIMA, and MILLER, Circuit Judges.
In these consolidated appeals, Ismael Serrano appeals pro se from the district
court’s order denying his motions for compassionate release under 18 U.S.C.
§ 3582(c)(1)(A)(i). We have jurisdiction under 28 U.S.C. § 1291. Reviewing for
abuse of discretion, see United States v. Aruda, 993 F.3d 797, 799 (9th Cir. 2021),
* 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 19 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-50012 & 21-50013
we affirm.
Serrano contends that the district court incorrectly believed that, because
U.S.S.G. § 1B1.13 constrained its review of whether he had shown extraordinary
and compelling reasons for release, it could not grant relief to a prisoner like
Serrano who had no underlying health conditions. The record does not support
Serrano’s claim. The district court expressly declined to decide if § 1B1.13 was
binding, and instead properly relied on it only as guidance. See Aruda, 993 F.3d at
802. Furthermore, the court demonstrated that it understood its discretion to grant
relief when it considered Serrano’s arguments regarding his health conditions and
his experience when he contracted COVID-19, and acknowledged the spread of
COVID-19 in the prisons and at Serrano’s prison in particular. The court did not
abuse its discretion in concluding that Serrano had failed to establish extraordinary
and compelling reasons for release, nor did it abuse its discretion when it observed
that the 18 U.S.C. § 3553(a) factors also would not support relief, given the
dangerousness of Serrano’s offense conduct, his criminal history, and his poor
performance on supervision.
The government’s motion to supplement the record or, in the alternative, for
judicial notice, is denied.
AFFIRMED.

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