Full Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 29 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 25-5300 D.C. No. Plaintiff - Appellee, 2:08-cr-00093-KJM-AC-1 v. MEMORANDUM* CHARLES HEAD, Defendant - Appellant. UNITED STATES OF AMERICA, No. 25-5301 Plaintiff - Appellee, D.C. No. 2:08-cr-00116-KJM-AC-1 v. CHARLES HEAD, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, District Judge, Presiding Submitted October 27, 2026** * 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). Before: SILVERMAN, FORREST, and VANDYKE, Circuit Judges. In these consolidated appeals, Charles Head appeals from the district court’s order denying his second motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Head contends that the district court applied an unduly restrictive definition of caregiver incapacitation under U.S.S.G. § 1B1.13(b)(3)(A) and erred by finding that he was not a suitable caregiver. We do not decide these issues because the district court concluded that, even if Head had established extraordinary and compelling reasons for relief, the 18 U.S.C. § 3553(a) factors weighed against early release. Thus, any error in the court’s extraordinary and compelling analysis was harmless. See United States v. Wright, 46 F.4th 938, 947-48 (9th Cir. 2022) (holding that an error in the district court’s application of U.S.S.G. § 1B1.13 is harmless “if the court properly relied on the 18 U.S.C. § 3553(a) sentencing factors as an alternative basis for its holding”). Head did not raise a distinct challenge to the district court’s § 3553(a) analysis in his opening brief. Thus, he waived any such challenge. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). AFFIRMED. 2 25-5300 & 25-5301