United States of America v. Gilbert Joseph Doney Torres

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
GILBERT JOSEPH DONEY TORRES,
Defendant-Appellant.
No. 21-30112
D.C. No. 1:14-cr-00050-SPW-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted September 14, 2021**
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges
Gilbert Joseph Doney Torres appeals from the district court’s order denying
his 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.
Torres contends that, in light of his extensive medical problems, the district
* 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
SEP 21 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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court reached an illogical and unsupported conclusion when it determined that
release was unwarranted. Given the record before the district court, it did not
abuse its discretion by denying relief. See United States v. Aruda, 993 F.3d 797,
799 (9th Cir. 2021) (stating standard of review). The district court acknowledged
Torres’s health conditions, but after considering his disciplinary violations while in
prison and extensive criminal history, it determined that release would not serve
public safety, promote respect for the law, or reflect the seriousness of the offense.
See 18 U.S.C. § 3553(a)(1)-(2). This conclusion was not illogical, implausible, or
without support in the record. See United States v. Robertson, 895 F.3d 1206,
1213 (9th Cir. 2018).
AFFIRMED.

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