[ DO NOT PUBLISH] 

## In the 

# United States Court of Appeals For the Eleventh Circuit

____________________
No. 22

- 10244
Non

- Argument Calendar

____________________
UNITED STATES OF AMERICA,
Plaintiff

- Appellee,

versus ANJA KARIN KANNELL,

Defendant

- Appellant.

____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:11

- cr

- 20701

- JLK

- 2

____________________ USCA11 Case: 22-10244 Date Filed: 07/06/2022 Page: 1 of 42 Opinion of the Court 22

- 10244

Before WILLIAM PRYOR, Chief Judge, JILL PRYOR and BRANCH, Circuit Judges.
PER CURIAM: Anja Karin Kannell, a federal prisoner
, appeals pro se the denial of her successive motion for compassionate release

. See 18 U.S.C. § 3582(c)(1)(A). The district court ruled that Kannell failed to identify an extraor dinary and compelling reason for early release, U.S.S.G. § 1B1.13, and, in the alternative, that the statutory sentencing factors weighed against granting h er motion, 18 U.S.C. § 3553(a). The United States moves for a summary affirmance and to stay the bri efing schedule. Because “the position of [the United States] . . . is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case,” Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969), we gr antthe motion for summary affirmance and dismiss as moot the motion to stay the briefing schedule. The First Step Act provides that a district court may modify a sentence “ if it finds that .

. . extraordinary and compelling reasons warrant such a reductio n ” and if “such reduction is consistent withapplicable policy statements issued by the Sentencing Commission[.]” 18 U.S.C. § 3582(c)(1)(A)(i); First Step Act of 2018, Pub. L.
115

- 391, § 603(b), 132 Stat. 5194, 5239. Kannel moved for a sentence reduction t o care for her teenage daughter due to the death of her husband. T he Sentencing Guidelines provide that family USCA11 Case: 22-10244 Date Filed: 07/06/2022 Page: 2 of 422

- 10244 Opinion of the Court 3

circumstances a re an extraordinary and compelling reason to reduc e a sentence in two situations: (1) The death or incapacitation of the caregiver of the defendant’s minor child or minor children.(ii) The incapacitation of the defendant’s spouse or registered partner when the defendant would be the only available caregiver for the spouse or registered partner. U.S.S.G. § 1B1.13 cmt. n.1(C)

.Summary affirmance is appropriate because there is no substantial question that Kannell is not entitled to compassionate release. See Groendyke , 406 F.2d at 1162

. In 2012, Kannell and her husband were incarcerated after being convicted of multiple coun ts of mail fraud, 18 U.S.C. § 1341, wire fraud, id. § 1343, and aggravated identity theft, id. § 1029

. From the time of their imprisonment until Kannell’s husband was released in 2020 for a serious medical condition
, the Kannells’ daughter had another care giver. After Kannell’s husband passed away in 2021, Kannell’s stepson assumed responsibility for his stepsister. Kannell argues that her stepson i s “unable (although willing)” to continue as her daughter’s caregiver . But as the district court stated , Kanne ll provides no explanation “ if or how her stepson is not providing adequate care, and any argument that her stepson is not providing good care is undermined by [ her ] proposal to live with her daughter and stepson” after her release. We decline to consider the unsworn allegations in Kannell’s rep ly to the government motion that her USCA11 Case: 22-10244 Date Filed: 07/06/2022 Page: 3 of 44 Opinion of the Court 22

- 10244 daughter ’s situation has changed. See Timson v. Sampson , 518 F.3d 870, 874 (11th Cir. 2008)

. Furthermore
, as the district court highlighted, were Kannell to receive a sentence reduction, she could

not care for her daughter because she “ will likely be deported from th [is] country

. ” Kannell , a German national, is required a s a special condition of her supervised release to surrender to Immigration and Customs E nforcement for removal to her homeland.

We GRANT the motion for summary affirmance, AFFIRM the d enial of Kannell’s motion for compassionate release , and DISMISS AS MOOT the motion to stay the briefing schedule. USCA11 Case: 22-10244 Date Filed: 07/06/2022 Page: 4 of 4