USCA11 Case: 20-13736 Date Filed: 08/20/2021 Page: 1 of 5
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 20-13736
Non-Argument Calendar
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D.C. Docket No. 1:03-cr-20759-MGC-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GUILLERMO SALCEDO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(August 20, 2021)
Before JORDAN, JILL PRYOR and GRANT, Circuit Judges.
PER CURIAM:
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Guillermo Salcedo, a federal prisoner proceeding pro se, appeals the district
court’s denial of his motion for compassionate release under 18 U.S.C.
§ 3582(c)(1)(A). After careful review, we affirm.
I.
In 2003, Salcedo pled guilty to conspiring to possess with intent to distribute
five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1),
841(b)(1)(A), and 846, and possessing a firearm during and in relation to a crime
of violence and a drug trafficking crime, in violation of 18 U.S.C.
§§ 924(c)(1)(A), 2. The district court sentenced him to 300 months’ imprisonment.
In 2020, after the warden of Salcedo’s prison denied his request for
compassionate release, Salcedo moved in the district court for compassionate
release under 18 U.S.C. § 3582(c)(1)(A). He argued that extraordinary and
compelling circumstances warranted a sentence reduction for five reasons: (1) his
rehabilitation while in prison; (2) his family circumstances—his sister was unable
to care for his aged, unwell mother, who lived alone, and his father suffered from
emphysema and was therefore at high risk of serious illness if he contracted
COVID-19; (3) his sentence would be substantially shorter if he were sentenced
today because he would be subject to a lower mandatory minimum sentence;
(4) the type of government sting operation that resulted in his conviction has come
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under scrutiny; (5) his guidelines range would be lower if he were sentenced today
based on amendments to the sentencing guidelines.
The district court denied the motion. It concluded that “no extraordinary and
compelling reasons” warranted a sentence reduction under 18 U.S.C.
§ 3582(c)(1)(A). Doc. 269 at 2.1 The court further concluded that “the factors set
forth in 18 U.S.C. § 3553(a) militate[d] against release” because Salcedo’s
sentence adequately reflected “the serious nature” of his crime. Id.
This is Salcedo’s appeal.
II.
We review de novo a district court’s determination that a defendant is
ineligible for a § 3582(c) reduction. See United States v. Bryant, 996 F.3d 1243,
1251 (11th Cir. 2021). We liberally construe pro se filings. Jones v. Fla. Parole
Comm’n, 787 F.3d 1105, 1107 (11th Cir. 2015).
III.
A district court has no inherent authority to modify a sentence and “may do
so only when authorized by a statute or rule.” United States v. Puentes, 803 F.3d
597, 605–06 (11th Cir. 2015); see 18 U.S.C. § 3582(c). Section 3582(c) permits a
district court to reduce a prisoner’s sentence in certain circumstances. Salcedo
1
“Doc.” numbers refer to the district court’s docket entries.
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sought a sentence reduction based on § 3582(c)(1)(A). For a prisoner to be eligible
for a sentence reduction under this provision, a district court must find, among
other things, that “extraordinary and compelling reasons” warrant the reduction.
18 U.S.C. § 3582(c)(1)(A)(i); see also Bryant, 996 F.3d at 1254.
Salcedo argues that the district court erred when it determined that
extraordinary and compelling circumstances were absent from his case. But
binding precedent forecloses his argument.
In Bryant, we held that when a prisoner files a reduction motion,
“extraordinary and compelling reasons” are limited to those reasons listed in the
Sentencing Commission’s policy statement found in United States Sentencing
Guideline § 1B1.13. Bryant, 996 F.3d at 1262. Section 1B1.13 lists four
extraordinary and compelling reasons: the medical condition of the defendant, the
age of the defendant, family circumstances, and other reasons. U.S.S.G. § 1B1.13
cmt. n.1. We held that “[o]ther reasons” are limited to those determined by the
Bureau of Prisons, not by courts. See Bryant, 996 F.3d at 1263.
Only one of the five reasons for a reduction proffered by Salcedo—family
circumstances—is recognized as an “extraordinary and compelling reason” for a
reduction under § 1B1.13 cmt. n.1. Family circumstances warrant a sentence
reduction, however, only if either the caregiver of the prisoner’s minor child dies
or is incapacitated, or the prisoner’s spouse is incapacitated when he would be the
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only caregiver for that spouse. U.S.S.G. § 1B1.13 cmt. n.1(C). Because Salcedo’s
difficult family circumstances pertain to his parents rather than a child or spouse,
his family circumstances do not qualify him for a sentence reduction under
§ 1B1.13 cmt. n.1(C). We therefore cannot say the district court erred in
concluding that Salcedo was ineligible for a sentence reduction. 2
AFFIRMED.
2
We also reject Salcedo’s argument that the district court was required to hold a hearing
before denying his motion. See Fed. R. Crim. P. 43(b)(4); see also United States v. Denson, 963
F.3d 1080, 1086 (11th Cir. 2020) (holding that prisoner seeking sentence reduction under
§ 3582(c)(1)(B) was not entitled to a hearing).
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