Wednesday, June 3, 2026
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Judge Had Power to Rescind Order Granting Compassionate Release—Ninth Circuit
Panel Says Youth, Rehabilitation Are Not Valid Bases for Directing That Prison Inmate Be Freed Early
By a MetNews Staff Writer
The Ninth U.S. Circuit Court of Appeals held yesterday that a District Court judge had the inherent power to revoke an order granting a defendant a compassionate relief from prison and order his reincarceration.
The decision came in a memorandum opinion signed by Circuit Judges Mark J. Bennett and Salvador Mendoza Jr., joined by Senior Circuit Judge N. Randy Smith.
Pablo Franco—who was convicted of participating in a conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act and sentenced to 12˝ years in prison—on Sept. 30, 2024, was ordered released by District Court Judge Jinsook Ohta of the Southern District of California, saying:
“While the Court is not convinced that Franco’s sentence is unusually long given the seriousness of Franco’s conduct and the nature of the criminal enterprise Franco was involved in, the Court does find the combination of Franco’s age at the time of incarceration and exceptional rehabilitation efforts constitute collectively an extraordinary and compelling reason to reduce Franco’s sentence. Franco was 28 years old when he was arrested for this offense, and thus was young when he committed the offense.”
‘Extraordinary Rehabilitation’
Ohta continued:
“While in prison, Franco has shown extraordinary rehabilitation by (1) working as a suicide watch companion, (2) working as an inmate companion in the hospice section of the prison’s hospital, (3) leading the prison’s “Native American Sweat Lodge” religious service, (4) volunteering to paint murals on the prison’s walls, and (5) taking advantage of various educational opportunities while in prison by completing various courses and eventually earning his ‘High Honors Diploma.’…When viewed together, the Court finds the above constitute an extraordinary and compelling reason that warrants a sentence reduction and that a sentence reduction is also consistent with the applicable policy statements.”
The following day, the government moved for reconsideration. On Oct. 30, Ohta granted the motion, ordering that Franco, who had been freed, “self-surrender” on or before Jan. 3, 2025.
He didn’t comply. On Sept. 22, 2025, ordered The United States Marshal and any Authorized United States Officer…to arrest Pablo Franco…aka ‘Casper’ aka ‘Dwarf’.”
Defendant Arrested
Franco was arrested on Oct. 22. He stipulated on Dec. 5 that he would remain in custody pending resolution of his appeal from the order of reconfinement.
That resolution came yesterday, with the panel declaring:
“The district court had inherent authority to adjudicate the reconsideration motion, which was filed within the time for appeal.”
The judges noted that “Youth and rehabilitation do not constitute ‘extraordinary and compelling’ grounds for compassionate release” under the relevant statute nor do the sentencing guidelines provide support for the release. Although Ohta did not rescind his order for that reason, they said, they can affirm on any basis.
The case is U.S. v. Franco, 24-6759.
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