United States of America v. Lonnie Eugene Lillard

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LONNIE EUGENE LILLARD,
Defendant-Appellant.
No. 21-30020
D.C. No.
2:16-cr-00007-RSM-1
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Ricardo S. Martinez, Chief District Judge, Presiding
Submitted June 9, 2022**
Portland, Oregon
Before: SCHROEDER and SUNG, Circuit Judges, and ANTOON,*** District
Judge.
Defendant-Appellant Lonnie Eugene Lillard appeals the district court’s
denial of his second compassionate release motion pursuant to 18 U.S.C. §
* 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).
*** The Honorable John Antoon II, United States District Judge for the
Middle District of Florida, sitting by designation.
FILED
JUN 16 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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3582(c)(1)(A)(i). We have jurisdiction under 28 U.S.C. § 1291. Reviewing for
abuse of discretion, United States v. Keller, 2 F.4th 1278, 1281 (9th Cir. 2021) (per
curiam), we affirm.
The district court denied Lillard’s motion on the ground that the sentencing
factors set forth in 18 U.S.C. § 3553(a) did not warrant Lillard’s requested relief.
The district court thus declined to consider whether Lillard’s motion set forth
“extraordinary and compelling reasons” warranting his release. See 18 U.S.C. §
3582(c)(1)(A)(i).
Lillard’s sole claim on appeal is that § 3582(c)(1)(A)(i) required the district
court to determine whether “extraordinary and compelling reasons” existed before
denying his motion based on the § 3553(a) factors. That argument is now
foreclosed. See Keller, 2 F.4th at 1284 (“As the government correctly argues,
although a district court must perform this sequential inquiry before it grants
compassionate release, a district court that properly denies compassionate release
need not evaluate each step.”).
AFFIRMED.

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