[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 21-12898

Non-Argument Calendar

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UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

BYRON WALKER, 

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Southern District of Florida

D.C. Docket No. 1:93-cr-00123-DMM-4

____________________

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2 Opinion of the Court 21-12898

Before NEWSOM, LUCK, and LAGOA, Circuit Judges.

PER CURIAM:

Byron Walker, a federal prisoner proceeding pro se, appeals 

the denial of his motion for compassionate release under 18 U.S.C. 

§ 3582(c)(1)(A), as amended by Section 603(b) of the First Step Act.1 

He argues that the district court abused its discretion because (1) it 

didn’t sufficiently consider his medical reasons—including that he 

had contracted COVID-19 while suffering from high blood pressure and being advanced in age, (2) it failed to consider his claim of 

innocence, and (3) it only considered one 18 U.S.C. § 3553(a) factor.

We review a district court’s denial of a prisoner’s 

§ 3582(c)(1)(A) motion for abuse of discretion. United States v. 

Harris, 989 F.3d 908, 911–12 (11th Cir. 2021). Abuse of discretion 

review “means that the district court had a range of choice” and 

that we “cannot reverse just because we might have come to a different conclusion.” Id. at 912 (quotation marks omitted). A district 

court abuses its discretion if it applies an incorrect legal standard, 

follows improper procedures in making the determination, or 

makes clearly erroneous factual findings. Id. at 911. 

A district court has no inherent authority to modify a defendant’s sentence and may do so “only when authorized by a 

1 Pub. L. No. 115-391, 132 Stat. 5194, 5239 (Dec. 21, 2018) (“First Step Act”).

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statute or rule.” United States v. Puentes, 803 F.3d 597, 605–06 

(11th Cir. 2015). A district court may grant a prisoner’s motion for 

compassionate release, “after considering the factors set forth in [18 

U.S.C. § 3553(a)] to the extent that they are applicable, if it finds 

that . . . extraordinary and compelling reasons warrant such a reduction . . . and that such a reduction is consistent with applicable 

policy statements issued by the Sentencing Commission.” 18 

U.S.C. § 3582(c)(1)(A). 

In the context of compassionate release, the statute provides 

that: 

[T]he court, upon motion of the Director of the 

[BOP], or upon motion of the defendant after the defendant has fully exhausted all administrative rights 

to appeal a failure of the [BOP] to bring a motion on 

the defendant’s behalf or the lapse of 30 days from the 

receipt of such a request by the warden of the defendant’s facility, whichever is earlier, may reduce the 

term of imprisonment . . . after considering the factors set forth in [18 U.S.C.] section 3553(a) to the extent that they are applicable, if it finds that—extraordinary and compelling reasons warrant such a reduction.

Id. § 3582(c)(1)(A)(i) (emphasis added). 

Thus, we have held that a district court may reduce a term 

of imprisonment, under § 3582(c)(1)(A), “if (1) the § 3553(a) sentencing factors favor doing so, (2) there are extraordinary and compelling reasons for doing so, and . . . (3) doing so wouldn’t endanger 

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any person or the community within the meaning of § 1B1.13’s policy statement.” United States v. Tinker, 14 F.4th 1234, 1237 (11th 

Cir. 2021) (per curiam) (quotation marks omitted) (citing 18 U.S.C. 

§ 3582(c)(1)(A) and U.S.S.G. § 1B1.13). The district court may consider these factors in any order, and the absence of any of the three 

forecloses a sentence reduction. See id. at 1237–38. 

The policy statements applicable to § 3582(c)(1)(A) are 

found in § 1B1.13. U.S.S.G. § 1B1.13. The commentary to § 1B1.13 

states that extraordinary and compelling reasons exist under any of 

the circumstances listed, provided that the court determines that 

the defendant is not a danger to the safety of any other person or 

to the community, as provided in 18 U.S.C. § 3142(g), and that the 

reduction is consistent with the policy statement. See id. § 1B1.13 

& cmt. n.1. For example, commentary to § 1B1.13 lists a defendant’s medical condition—to the extent it reflects a terminal illness 

or a serious condition substantially diminishing his ability to provide self-care within the environment of a correctional facility and 

from which he is not expected to recover—age, and family circumstances as possible “extraordinary and compelling reasons” warranting a sentence reduction. Id. § 1B1.13 cmt. n.1(A)–(C). The 

commentary also contains a catch-all provision for “other reasons,” 

which provides that a prisoner may be eligible for a sentence reduction if “[a]s determined by the Director of the [BOP], there exists in the defendant’s case an extraordinary and compelling reason

other than, or in combination with,” the other specific examples 

listed. Id. § 1B1.13 cmt. n.1(D). 

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We have held that, following the enactment of the First Step 

Act, § 1B1.13 continued to constrain a district court’s ability to evaluate whether extraordinary and compelling reasons were present, 

and that “Application Note 1(D) [did] not grant discretion to courts 

to develop ‘other reasons’ that might justify a reduction in a defendant’s sentence.” United States v. Bryant, 996 F.3d 1243, 1248 

(11th Cir.), cert. denied, 142 S. Ct. 583 (2021). We have held that a 

district court does not abuse its discretion by denying compassionate release to an inmate with medical conditions that may increase 

the risk of death or severe medical complications from COVID-19 

where the inmate’s conditions do not fall within the policy statement’s stated medical conditions. See United States v. Giron, 

15 F.4th 1343, 1346 (11th Cir. 2021) (holding there was no abuse of 

discretion where the district court found no extraordinary and 

compelling reasons because the inmate’s “high cholesterol, high 

blood pressure, and coronary artery disease were manageable in 

prison, despite the existence of the COVID-19 pandemic”). 

In addition to determining whether a movant has offered extraordinary and compelling reasons and whether a reduction or release would be consistent with the policy statement in § 1B1.13, a 

district court must also consider “all applicable” 18 U.S.C. § 3553(a) 

factors when it grants or denies a motion for compassionate release. United States v. Cook, 998 F.3d 1180, 1184 (11th Cir. 2021). 

A district court need not articulate its findings and reasonings in 

great detail, but, when we consider a § 3582(c)(1)(A)(i) motion, we

“cannot engage in meaningful appellate review and must vacate 

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and remand” if the record does not reflect that the district court 

considered the applicable factors. Id. at 1185 (quotation marks 

omitted). The court need not address each factor or all of the mitigating evidence, and we may affirm a sentence if the district court 

considered “a number of” the factors, such as the nature and circumstances of the offense and the defendant’s history of recidivism. Tinker, 14 F.4th at 1240–41 (quotation marks omitted). 

Under § 3553(a), a district court’s sentence must be sufficient, but not greater than necessary, to achieve the goals of sentencing: reflecting the seriousness of the offense, promoting respect for the law, providing just punishment, deterring future criminal conduct, protecting the public, and providing the defendant 

with any needed training or treatment. 18 U.S.C. § 3553(a). The 

§ 3553(a) factors also include the nature and circumstances of the 

offense, the defendant’s history and characteristics, the kinds of 

sentences available, the Sentencing Guidelines, any pertinent policy statement, the need to avoid disparate sentences, and the need 

to provide restitution to any victims. Id. 

Here, we conclude that the district court did not abuse its 

discretion in denying Walker’s motion for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A). First, the district court considered his 

medical reasons for release, and his medical records supported a 

finding that his medical issues were being managed while incarcerated and that he would recover from his COVID-19 infection. Second, the court considered the applicable 18 U.S.C. § 3553(a) factors—which supported its decision to deny Walker’s motion for 

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compassionate release. Finally, innocence does not appear in 

§ 1B1.13’s list of reasons, and, therefore, falls outside the district 

court’s review of his motion for compassionate release. Accordingly, we affirm.

AFFIRMED. 

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