[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 21-11271

Non-Argument Calendar

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UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

versus

JOSEPH MARTINEZ, 

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Southern District of Florida

D.C. Docket No. 0:16-cr-60347-JIC-1

____________________

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2 Opinion of the Court 21-11271

Before WILSON, ROSENBAUM, and GRANT, Circuit Judges.

PER CURIAM:

Joseph Martinez appeals the district court’s order denying 

his motion for compassionate release pursuant to 18 U.S.C. 

§ 3582(c)(1)(A). The district court did not abuse its discretion when 

it found that the 18 U.S.C. § 3553(a) factors weighed heavily against 

Martinez’s release, that he was a danger to his community under 

United States Sentencing Guidelines (U.S.S.G.) § 1B1.13, and that 

his medical conditions did not constitute extraordinary and compelling reasons warranting a sentence reduction. Accordingly, we 

affirm.

I. 

Martinez is a federal prisoner serving a 151-month sentence 

for four counts of bank robbery, in violation of 18 U.S.C. § 2113(a), 

and one count of Hobbs Act Robbery, in violation of 18 U.S.C. § 

1951(a). Martinez pleaded guilty to all five counts. The plea agreement’s factual proffer describing Martinez’s conduct is summarized as follows. Over the course of fifteen days, Martinez robbed 

four separate banks and attempted to rob a Publix Supermarket. 

Martinez made threats of violence during the course of each robbery, including threats to shoot individuals present at the scene. 

Martinez’s threats turned to physical violence during his attempted 

robbery of a Publix cashier. When the cashier did not comply with

Martinez’s demand to give him all of the money in the cash 

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21-11271 Opinion of the Court 3

register, Martinez threatened to “blow his head off” and brandished 

a black knife. Martinez then stabbed the cashier in the upper chest 

and fled the supermarket without any currency.

A probation officer prepared a presentence investigation report (PSI) that listed Martinez’s criminal record with convictions 

dating back to 1983. The PSI also reflected that Martinez committed the instant offenses while he was under a sentence of imprisonment from which he was an escapee.

At the sentencing hearing, Martinez objected to the imposition of a career offender enhancement based on his prior convictions for strong-arm robbery and federal bank robbery. The district 

court overruled Martinez’s objections and sentenced Martinez to 

151 months’ imprisonment and three years’ supervised release on 

each count, to run concurrently. Martinez appealed the final judgment and his sentence, which we affirmed. See United States v. 

Martinez, 757 F. App’x 923 (11th Cir. 2018) (per curiam).

Subsequently, in November 2020, Martinez filed a pro se 

motion for compassionate release. He argued that he had serious 

health conditions, including chronic asthma and obesity, that put 

him at increased risk of severe illness or death if he contracted 

COVID-19. In support of his motion, Martinez argued that he had 

maintained a clear conduct record while he was incarcerated, had 

taken advantage of all rehabilitative benefits the prison offered, and 

would not be a danger to society because he had served approximately 45% of his sentence and his convictions were for unarmed 

bank robberies.

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The district court denied Martinez’s motion for compassionate release, noting that it was only allowed to grant such motions 

upon finding extraordinary and compelling reasons that were consistent with the applicable policy statements issued by the United 

States Sentencing Commission. The district court acknowledged 

that, regarding the extraordinary and compelling reasons requirement, if a defendant suffered from a chronic medical condition that 

the Centers for Disease Control and Prevention (CDC) identified 

as increasing his risk of becoming seriously ill from COVID-19, 

then that condition may qualify as a serious physical or mental condition. It stated that the CDC recognized obesity with a BMI of 30 

or greater as a condition that increased the risk of severe illness 

from COVID-19, and the CDC recognized moderate to severe 

asthma as a condition that might increase the risk of severe illness 

from COVID-19. The district court found that Martinez’s BMI 

only slightly exceeded 30 and that his asthma appeared to be wellmanaged. But even if both those conditions qualified as serious 

physical or mental conditions, the court concluded, Martinez’s motion still failed because he did not establish that he was not a danger 

to the community and that the sentencing factors in § 3553(a) supported a reduction under § 1B1.13.

The court reasoned that it could not find Martinez did not 

pose a danger to the community given his violent conduct, namely, 

his stabbing of the Publix employee during an attempted robbery. 

Moreover, the court expressed concern about Martinez’s criminal 

history and the fact that he committed the offenses he is currently 

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21-11271 Opinion of the Court 5

incarcerated for while he was an escapee from federal custody. The 

district court considered the § 3553(a) factors but found a sentence 

reduction would not promote the interests of justice in light of the 

nature and circumstances of Martinez’s offenses and his history and 

characteristics.

Martinez presents two arguments on appeal. First, Martinez 

argues that our precedent in United States v. Bryant, 996 F.3d 

1243 (11th Cir. 2021), petition for cert. denied, No. 20-1732 (U.S. 

Dec. 6, 2021), was wrongly decided and created a constitutional 

problem resulting in the violation of the non-delegation doctrine. 

Additionally, Martinez argues that his obesity and asthma are extraordinary and compelling reasons that make him eligible for 

compassionate release in light of the COVID-19 pandemic, and the 

district court abused its discretion by focusing the majority of its 

analysis on his criminal history and the nature of his criminal 

charges.

II. 

As an initial matter, Martinez’s first argument on appeal, 

that Bryant was wrongly decided, is foreclosed by prior panel precedent. See United States v. Romo-Villalobos, 674 F.3d 1246, 1251 

(11th Cir. 2012) (per curiam) (“Under the prior precedent rule, we 

are bound to follow a prior binding precedent unless and until it is 

overruled by this court en banc or by the Supreme Court.”). As 

Bryant has not been overruled, the district court did not err in applying it to Martinez’s case.

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III. 

We review de novo a district court’s determination about a 

defendant’s eligibility for an 18 U.S.C. § 3582(c) sentence reduction. 

Bryant, 996 F.3d at 1251. However, we review a district court’s 

denial of a prisoner’s 18 U.S.C. § 3582(c)(1)(A) motion for an abuse 

of discretion. United States v. Harris, 989 F.3d 908, 911 (11th Cir. 

2021). A district court abuses its discretion if it applies an incorrect 

legal standard, follows improper procedures in making the determination, or makes findings of fact that are clearly erroneous. Id. 

District courts lack the inherent authority to modify a term 

of imprisonment but may do so to the extent that a statute expressly permits. 18 U.S.C. § 3582(c)(1)(B). In 2018, Congress enacted the First Step Act, which amended 18 U.S.C. 

§ 3582(c)(1)(A) to increase the use and transparency of the compassionate release of federal prisoners. See First Step Act § 603. That 

section now provides that: 

[T]he court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after 

the defendant has fully exhausted all administrative 

rights to appeal a failure of the Bureau of Prisons 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. §]

3553(a) to the extent that they are applicable, if it finds 

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that—extraordinary and compelling reasons warrant 

such a reduction[.]

18 U.S.C. § 3582(c)(1)(A)(i).

The section 3553(a) factors include, but are not limited to,

the nature and circumstances of the defendant’s offense, his history 

and characteristics, respect for the rule of law, and the need to protect the public from further crimes of the defendant. 18 U.S.C. 

§ 3553(a). A district court abuses its discretion when it (1) disregards relevant factors that were due significant weight, (2) gives 

significant weight to an improper or irrelevant factor, or (3) commits a clear error of judgment in considering the proper factors. 

United States v. Irey, 612 F.3d 1160, 1189 (11th Cir. 2010) (en banc). 

A district court commits a clear error of judgment when it considers the proper factors but balances them unreasonably. Id. Where 

a consideration of the § 3553(a) factors is mandatory, the weight 

given to each factor is at the district court’s discretion. United 

States v. Kuhlman, 711 F.3d 1321, 1327 (11th Cir. 2013). However, 

the court need not explicitly discuss each factor it is required to 

consider. Id. at 1326. 

Section 3582(c)(1)(A) also requires that any reduction be 

consistent with the Sentencing Commission’s applicable policy 

statements. The policy statements applicable here are found in 

U.S.S.G. § 1B1.13, and provide that the court may reduce a term of 

imprisonment “if, after considering the factors set forth in 18 U.S.C. 

§ 3553(a), to the extent that they are applicable, the court determines,” in relevant part, that “[e]xtraordinary and compelling 

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reasons warrant the reduction.” U.S.S.G. § 1B1.13(1)(A). Extraordinary and compelling reasons will only warrant a reduction if the 

court has first determined that “[t]he 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).” Id. § 1B1.13(2); Id., comment. n.1.

The application notes to U.S.S.G. § 1B1.13 list four categories of extraordinary and compelling reasons: (A) the defendant’s 

medical condition, (B) his age, (C) his family circumstances, and 

(D) other reasons. Id., comment. n.1(A)–(D). In Byrant we held 

that district courts do not have the discretion under subsection D’s

catch-all provision to develop other reasons outside of those listed 

in § 1B1.13 that might justify a reduction in a defendant’s sentence. 

996 F.3d at 1263–65. 

We recently held that because all three necessary conditions—support in the 18 U.S.C. § 3553(a) factors, extraordinary and 

compelling reasons, and adherence to U.S.S.G. § 1B1.13’s policy 

statement—must be satisfied, the absence of one condition forecloses a sentence reduction. United States v. Tinker, 14 F.4th 1234, 

1240 (11th Cir. 2021) (per curiam). To be sure, if the district court 

finds that one of the compassionate release conditions was not satisfied, it is not an abuse of discretion for the district court to skip 

assessment of another condition. Id. Additionally, nothing on the 

face of 18 U.S.C. § 3582(c)(1)(A) requires a court to conduct the 

compassionate release analysis in any particular order. See id. at 

1237.

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The district court did not abuse its discretion when it denied 

Martinez’s motion for compassionate release. The court found 

that the 18 U.S.C. § 3553(a) factors weighed heavily against Martinez’s release, that he was a danger to his community under 

U.S.S.G. § 1B1.13, and that his medical conditions were not extraordinary and compelling reasons for his early release from prison. 

Any one of these findings, on its own, was sufficient for the district 

court to deny compassionate release. See id. at 1240.

In order to reduce Martinez’s sentence, the district court had 

to have found that Martinez “is not a danger to the safety of any 

other person or to the community” and that the sentencing factors 

set forth in § 3553(a) support a reduction. See U.S.S.G. § 1B1.13. 

The district court properly exercised its discretion in finding that 

Martinez did not meet either of these two requirements. In support of its finding, the court noted that Martinez threatened to 

shoot the Publix cashier and brandished a knife with which he 

stabbed the cashier before fleeing the store; has a concerning criminal history; and committed the series of robberies he is currently 

incarceration for while he was an escapee from federal custody. 

While the district court only specifically discussed one sentencing 

factor—“the nature and circumstances of the offense and the history and characteristics of the defendant” under § 3553(a)(1)—the 

court noted that the sentencing factors as a whole do not support 

a reduction. The district court’s decision as to how much weight 

to give the circumstances of Martinez’s offense and his history and 

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characteristics was within its discretion, and the court was not obligated to discuss every factor. See Kuhlman, 711 F.3d at 1326–27.

Because the district court acted within its discretion, we affirm the denial of Martinez’s motion for compassionate release.

 AFFIRMED. 

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