9th Cir.

USA v. Franco

June 2, 2026 ·3:12-cr-00236-JO-3 ·Unpublished · By James Taylor

The Ninth Circuit affirmed a district court order reimposing a sentence after granting a motion for reconsideration of a compassionate release. The appellate court held that a defendant's youth at the time of the offense and rehabilitation while in custody do not constitute extraordinary and compelling reasons for release.

Background

The district court initially granted Pablo Franco’s motion for compassionate release under Section eighteen U.S.C. thirty-five eighty-two subsection c one A i based on his youth and rehabilitation. The government filed a motion for reconsideration the next day, and the district court granted that motion, reimposing the original sentence. Franco appealed the reconsideration order.

The court’s reasoning

The court found that the district court had inherent authority to adjudicate the reconsideration motion because it was timely. The court clarified that compassionate release is neither sentencing nor resentencing, meaning Section eighteen U.S.C. thirty-five eighty-two subsection c one B does not limit the district court’s authority. The court affirmed the order because youth and rehabilitation do not constitute extraordinary and compelling grounds for release under the statute and Sentencing Guidelines.

What it means going forward

This decision reinforces that factors like youth and rehabilitation alone cannot justify compassionate release, limiting the scope of grounds available for sentence modification in the Ninth Circuit.