Government May Appeal Final Sentence Reductions for Legal Error; Nonretroactive § 924(c) Reform Cannot Establish Compassionate-Release Eligibility

Case: United States v. Abel Rizo
Court: United States Court of Appeals for the Eleventh Circuit
Date: October 27, 2026
Opinion: Judge Hull, joined by Judges Branch and Brasher

1. Introduction

This decision addresses two distinct limits on federal sentencing litigation: the conditions under which the government may appeal a compassionate-release order, and the extent to which a nonretroactive sentencing reform can justify reducing an already-imposed sentence. The Eleventh Circuit held that it could hear the government’s appeal because the sentence-reduction order was final and the government presented a cognizable claim that the reduced sentence violated federal law. On the merits, the court applied the Supreme Court’s intervening decision in Rutherford v. United States to reverse the reduction.

Abel Rizo’s convictions arose from a conspiracy to rob drug dealers of money and drugs. The participants gathered intelligence, identified stash houses, and committed armed robberies while posing as police officers. In 1997, Rizo received an aggregate sentence of 468 months—39 years—for drug offenses, Hobbs Act offenses, and two firearm offenses under 18 U.S.C. § 924(c).

The principal source of the later dispute was Rizo’s second § 924(c) conviction. Under the law applicable at his original sentencing, that conviction required a consecutive 20-year sentence even though both firearm convictions occurred in the same prosecution. Congress changed that rule in 2018, but did not extend the amendment to defendants, like Rizo, who had already been sentenced.

Rizo nevertheless obtained a reduction through the compassionate-release statute, relying on a 2023 Sentencing Commission policy statement permitting consideration of certain changes in law. The government appealed. The resulting opinion is particularly important for its express treatment of appellate authority over government challenges to compassionate-release orders; its substantive sentencing holding follows controlling Supreme Court precedent.

2. Statutory Framework and Procedural Background

The governing provisions

Provision Function in the case
18 U.S.C. § 3582(c)(1)(A)(i) Creates a limited exception to sentence finality when extraordinary and compelling reasons warrant a reduction, the reduction accords with applicable Commission policy statements, and the statutory sentencing considerations support relief.
28 U.S.C. §§ 994(a), 994(t) Authorize the Commission to describe extraordinary and compelling reasons, while requiring its policy statements to remain consistent with federal statutes.
U.S.S.G. § 1B1.13(b)(6) Allows consideration of certain changes in law where a defendant received an unusually long sentence, has served at least ten years, and faces a gross sentencing disparity, following full consideration of individualized circumstances. It excludes Guidelines amendments not made retroactive.
18 U.S.C. § 924(c) Prescribes consecutive penalties for specified firearm offenses. The 2018 amendment restricted enhanced repeat-offender penalties to cases involving a qualifying prior conviction that had become final.
28 U.S.C. § 1291 and 18 U.S.C. § 3742(b) Supply the relevant appellate framework: finality, together with statutory authorization for government sentencing appeals within specified categories, including sentences imposed in violation of law.

Rizo’s sentence and request for relief

Rizo’s original sentence included concurrent 168-month terms for his drug convictions and concurrent 60-month terms for the Hobbs Act offenses. His firearm convictions added consecutive terms of 60 months and 240 months, producing the aggregate 468-month sentence.

The 2018 amendment changed the treatment of multiple § 924(c) convictions obtained in one prosecution. A defendant in Rizo’s position would no longer receive the enhanced repeat-offender minimum for the second conviction merely because it followed the first conviction in that prosecution. Rizo argued that his second firearm sentence would therefore be five years rather than twenty years if imposed under the amended statute.

After an initial motion was denied without prejudice for failure to exhaust administrative remedies, Rizo renewed his request in 2024. He acknowledged that the statutory amendment did not apply retroactively to his sentence. His argument instead was that the resulting disparity qualified as an extraordinary and compelling reason under § 1B1.13(b)(6).

The district court agreed. It found that Rizo had served more than ten years, that his sentence was unusually long, and that the fifteen-year difference on the second firearm count constituted a gross disparity. It also found that he was no longer dangerous and that the factors in 18 U.S.C. § 3553(a) favored relief. The court reduced his aggregate sentence to 288 months—24 years. According to the Bureau of Prisons information recounted in the opinion, Rizo was released on December 6, 2024.

While the government’s appeal remained pending, the Supreme Court decided Rutherford v. United States, resolving the substantive legal issue against using this nonretroactive amendment to establish compassionate-release eligibility.

3. Summary of the Opinion

  1. The appeal could proceed. The reduction order finally resolved the postjudgment proceeding, and the government alleged a legal defect falling within § 3742(b)(1).
  2. The court reserved the precise jurisdictional classification. It did not decide whether jurisdiction derives from § 3742(b) itself or from § 1291 supplemented by § 3742(b)’s authorization to appeal. Both approaches supported review here.
  3. Rizo was ineligible on the asserted ground. Under Rutherford v. United States, the disparity created by the 2018 nonretroactive § 924(c) amendment could not constitute an extraordinary and compelling reason for reducing his sentence.
  4. The reduction had to be undone. The court reversed and directed the district court to vacate the amended sentence and reinstate the original sentence.

4. Analysis

A. Precedents Cited and Their Influence

1. The controlling merits decision: Rutherford

Rutherford v. United States, 608 U.S. 454 (2026), controlled the substantive outcome. Its defendants, like Rizo, had received stacked mandatory sentences for multiple § 924(c) convictions in a single prosecution and sought compassionate release based on the 2018 amendment. The Supreme Court held that the amendment could not, as a matter of law, provide the necessary extraordinary and compelling reason.

The Supreme Court’s reasoning had three components. First, sentencing disparities resulting from prospective reforms are an ordinary consequence of a system in which nonretroactivity is the default. Second, Congress deliberately withheld the amendment from defendants already sentenced. Third, compassionate release has traditionally focused on prisoners’ personal circumstances, rather than functioning as a general mechanism for extending prospective sentencing reforms to earlier cases.

Rutherford v. United States also rejected reliance on the Commission’s policy statement to overcome that statutory conclusion. The Commission’s delegated authority does not permit it to define statutory language inconsistently with the governing statute. Consequently, § 1B1.13(b)(6) is invalid to the extent it authorizes the contrary result. That qualification matters: the opinion does not invalidate every possible application of the policy statement.

Batterton v. Francis, 432 U.S. 416, 426 (1977), appears within the court’s account of Rutherford’s reasoning. It supports the administrative-law principle that delegated interpretive authority remains bounded by the statute. The Commission may elaborate statutory standards, but it cannot adopt a definition that contradicts them.

2. The evolution of § 924(c) stacking

Deal v. United States, 508 U.S. 129, 131–34 (1993), supplied the historical interpretation that produced Rizo’s sentence. It construed “second or subsequent conviction” to include additional § 924(c) convictions obtained in the same prosecution. Thus, a defendant without an earlier final § 924(c) conviction could nevertheless receive the enhanced penalty on a second count.

Hewitt v. United States, 606 U.S. 419 (2025), explained the effect and temporal reach of Congress’s later amendment. As the opinion describes it, the amendment displaced Deal’s statutory rule and restricted enhanced penalties to qualifying prior convictions that had become final. Hewitt also established the relevant distinction between defendants not yet sentenced and defendants already sentenced. Together, these cases demonstrate that Rizo’s sentence reflected the governing law when imposed, while the later reform did not itself authorize reopening it.

3. The traditional limits on government criminal appeals

United States v. Sanges, 144 U.S. 310 (1892), provides the historical foundation for the rule that the government lacks an inherent right to appeal a criminal judgment. Its discussion of the common-law tradition explains why general appellate language has not been treated as automatically authorizing prosecution appeals.

Arizona v. Manypenny, 451 U.S. 232, 244–47 (1981), reaffirmed that § 1291’s general jurisdictional grant does not itself authorize an ordinary federal government criminal appeal. Although Manypenny involved a state prosecution tried in federal court, its treatment of federal appellate authority supplied the relevant background rule.

Carroll v. United States, 354 U.S. 394, 400–03 (1957), identified an alternative route for orders sufficiently independent of the main prosecution to warrant treatment as plenary orders. Its importance here is explanatory: it identifies the limited independent-order exception against which earlier sentencing-appeal cases were assessed. Rizo’s appeal was sustained through the finality and statutory-authorization analysis, not by extending that exception.

4. Binding circuit decisions before § 3742 became applicable

United States v. Denson, 588 F.2d 1112 (5th Cir. 1979), dismissed government appeals from final sentences because express statutory authority was absent and the sentences were not sufficiently severable or collateral under Carroll. The opinion also notes Denson’s examination of 18 U.S.C. § 3731; neither party relied on that statute in Rizo.

United States v. Dean, 752 F.2d 535 (11th Cir. 1985), similarly rejected reliance on § 1291 alone for a government appeal from a Rule 35(a) sentence reduction. Although decided after § 3742’s enactment, Dean concerned proceedings predating its effective application. The Eleventh Circuit therefore treated Denson and Dean as decisions from a different statutory landscape, rather than simply disregarding them.

Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), explains Denson’s precedential status. Under Bonner, qualifying former Fifth Circuit decisions bind the Eleventh Circuit. This made reconciliation with Denson a necessary part of the jurisdictional discussion.

5. The tension between Chotas and Chavarria-Herrara

United States v. Chotas, 913 F.2d 897 (11th Cir. 1990), stated that jurisdiction over a government sentencing cross-appeal derived from § 1291. It described § 3742 as defining reviewable claims rather than altering the jurisdictional source. Rizo’s opinion identifies the difficulty in that formulation: Chotas did not address the earlier authorities requiring express authorization for government criminal appeals.

Chotas relied on United States v. Fossett, 881 F.2d 976 (11th Cir. 1989). Fossett, however, involved a defendant’s appeal, not a government appeal. That distinction limits its usefulness in resolving the special restrictions applicable to prosecution appeals. Rizo’s opinion therefore does not treat Fossett as eliminating those restrictions.

United States v. Chavarria-Herrara, 15 F.3d 1033 (11th Cir. 1994), offered a different formulation. It held that § 3742(b) confers appellate jurisdiction over a government challenge to a Rule 35(b) sentence reduction when the resulting sentence falls within one of the statute’s listed categories. It also construed “sentence” and “imposed” to include sentence modifications, not merely original sentencing judgments.

That interpretation was particularly important in Rizo: a government challenge to a postjudgment reduction is not outside § 3742(b) merely because it concerns a modified sentence. Chavarria-Herrara itself vacated a reduction that rested on legally impermissible considerations, making it a close structural analogue.

United States v. Yesil, 991 F.2d 1527 (11th Cir. 1992), supplied part of Chavarria-Herrara’s reasoning. Its recognition of review under § 3742 for a defendant’s Rule 35(b) appeal supported the conclusion that the statute’s symmetrical structure also authorizes qualifying government appeals. Rizo recounts that reasoning without resolving every disagreement over the statute’s jurisdictional classification.

6. Jurisdictional requirements versus claim-processing rules

Fort Bend Cnty. v. Davis, 587 U.S. 541, 547–50 (2019), was invoked by the government to challenge Chavarria-Herrara’s characterization of § 3742(b) as jurisdictional. Fort Bend distinguishes limits on judicial authority from procedural rules governing claims. The government argued that intervening Supreme Court doctrine had undermined the earlier terminology.

The Eleventh Circuit did not decide that contention. Because the government satisfied the relevant requirements under either classification, resolving whether intervening doctrine had displaced the older circuit formulation was unnecessary. Fort Bend therefore framed an expressly reserved question rather than supplying the holding.

7. Supporting authorities on finality and judicial power

Precedent Contribution to the analysis
Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) Establishes the starting principle that federal courts possess only constitutionally and statutorily authorized jurisdiction. It explains why the court could not assume authority merely because the merits issue was straightforward.
Overlook Gardens Props., LLC v. ORIX USA, L.P., 927 F.3d 1194, 1198 (11th Cir. 2019) Supports the court’s independent duty to verify appellate jurisdiction before deciding the merits.
United States v. Fair, 326 F.3d 1317, 1318 (11th Cir. 2003) Characterizes § 3582(c) proceedings as criminal rather than civil. The special rules governing government criminal appeals therefore remain relevant despite the proceeding’s postjudgment setting.
Dunn v. Comm'r, Ala. Dep't of Corr., 179 F.4th 1277, 1298 (11th Cir. 2026) Supplies the finality test: a decision ends the merits litigation and leaves only execution of the judgment. The order resolving Rizo’s reduction motion met that standard.
United States v. Shalhoub, 855 F.3d 1255, 1260 (11th Cir. 2017), and Flanagan v. United States, 465 U.S. 259, 265 (1984) Require especially strict application of finality in criminal cases. Even under that demanding approach, the completed sentence-reduction proceeding presented no finality obstacle.
United States v. Curry, 760 F.2d 1079, 1079 (11th Cir. 1985) Identifies the sentence as the final judgment in a criminal case, reinforcing the treatment of a completed sentencing determination as final.
Main Drug, Inc. v. Aetna U.S. Healthcare, Inc., 475 F.3d 1228, 1231 (11th Cir. 2007) Explains that jurisdictional assumptions made without discussion are not authoritative holdings. Earlier government § 3582 appeals therefore did not conclusively resolve the question presented here.
United States v. Melvin, 556 F.3d 1190 (11th Cir. 2009) Illustrates an earlier government appeal that did not expressly discuss jurisdiction. Separately, it supports de novo review of whether a district court had legal authority to reduce a sentence.

8. Standards of review and the earlier prosecution

United States v. Solomon, 136 F.4th 1310, 1316 (11th Cir. 2025), supports de novo review of appellate jurisdiction. United States v. Giron, 15 F.4th 1343 (11th Cir. 2021), supplies both de novo review of compassionate-release eligibility and the requirements concerning extraordinary and compelling reasons, dangerousness, and the § 3553(a) factors. United States v. Caraballo-Martinez, 866 F.3d 1233, 1238 (11th Cir. 2017), distinguishes that threshold legal inquiry from the abuse-of-discretion review applicable to a reduction decision once eligibility exists.

United States v. Gallego, 247 F.3d 1191 (11th Cir. 2001), supplies the account of the underlying criminal scheme and records the affirmance of Rizo’s original sentence. Apprendi v. New Jersey, 530 U.S. 466 (2000), appears because Rizo had invoked it in that earlier appeal to challenge his drug sentences. Neither case supplies a new basis for relief in the present proceeding; their role is historical rather than controlling.

B. Legal Reasoning

Finality and statutory authorization answer different questions

The jurisdictional analysis separates two propositions that can otherwise become blurred. Finality concerns whether the district court has completed the relevant proceeding. Statutory authorization concerns whether the government may pursue the particular criminal appeal.

Rizo’s sentence-reduction order was final because it completely disposed of the motion initiating the postjudgment proceeding. Nothing remained except implementing the modified sentence. The government also satisfied § 3742(b)(1) by presenting a cognizable claim that the reduction was imposed “in violation of law”: it argued that neither § 3582(c)(1)(A)(i) nor a valid policy statement authorized relief on the asserted basis.

Importantly, the court did not equate every disagreement with a sentencing decision with statutory authorization to appeal. The government identified a threshold legal defect, rather than merely disputing how the district court weighed permissible considerations. Nor did the court make appellate authority depend on proving the government’s merits position in advance; a cognizable legal claim established the relevant statutory category.

The court adopted a narrow resolution of competing jurisdictional theories

Under one theory, § 1291 supplies jurisdiction while § 3742(b) supplies the necessary permission for a government appeal. Under the other, § 3742(b) itself supplies jurisdiction. Because both required finality and satisfaction of a listed statutory ground in this case, the court could sustain review without choosing between them.

This is a limited holding. It neither establishes that § 1291 alone permits government sentencing appeals nor conclusively reclassifies § 3742(b) as a nonjurisdictional claim-processing provision.

Statutory eligibility precedes discretionary sentencing judgment

On the merits, the district court’s favorable findings about dangerousness and the § 3553(a) factors could not cure the absence of a legally permissible extraordinary and compelling reason. Those considerations are additional requirements, not substitutes for the threshold statutory condition.

The court therefore did not need to reassess Rizo’s rehabilitation, weigh the seriousness of his offenses anew, or decide whether fifteen years was a sufficiently substantial disparity. Rutherford had already made the asserted basis legally unavailable. The size of the disparity could not change that conclusion.

The Commission’s authority is substantial but subordinate to statute

The district court had treated the statutory phrase as ambiguous and accepted the Commission’s inclusion of certain nonretroactive changes in law. Rutherford foreclosed that approach for this amendment. Congress’s delegation to describe extraordinary and compelling reasons operates alongside the express requirement that Commission policy statements remain consistent with federal law.

Accordingly, satisfying § 1B1.13(b)(6)’s factual conditions did not establish eligibility where its application conflicted with the controlling construction of § 3582(c)(1)(A)(i). The defect was legal authority, not inadequate individualized consideration.

C. Potential Impact

  • A clearer route for government appeals: The decision expressly supports appellate review of final compassionate-release reductions when the government presents a qualifying legal challenge under § 3742(b)(1).
  • Reduced uncertainty in pending stacking cases: Defendants sentenced before the 2018 amendment cannot establish compassionate-release eligibility through the disparity created by that amendment, even when the disparity is substantial.
  • Limits on policy-statement arguments: Compliance with a Commission policy statement does not resolve eligibility if the proposed application exceeds statutory authority.
  • Continued importance of alternative grounds: The opinion does not hold that defendants with stacked sentences can never obtain compassionate release. It rejects the particular legal-change rationale addressed by Rutherford; independently qualifying grounds remain a separate question.
  • Unresolved jurisdictional doctrine: A future case may still require the court to decide whether § 3742(b) is jurisdictional or instead supplies statutory authorization alongside § 1291.

The disposition also illustrates that release following a reduction does not necessarily bring the sentencing dispute to an end. Although Rizo had been released, the appellate mandate required reinstatement of the original sentence. The opinion does not detail how the district court must implement that mandate.

Finally, the ruling does not decide Rizo’s separate assertions concerning Guidelines Amendments 782 and 599 under § 3582(c)(2). The district court had not relied on those amendments, and no issue concerning them was presented in this appeal.

5. Complex Concepts Simplified

Compassionate release
A limited statutory procedure for reducing an existing prison term. Despite its name, it does not necessarily mean immediate release and does not authorize a general resentencing whenever the law changes.
Stacking
Adding mandatory prison terms consecutively. Under the older § 924(c) rule, multiple convictions in one prosecution could trigger enhanced penalties on later counts.
Nonretroactivity
A restriction on a new law’s application to earlier cases. Here, Congress changed the sentencing rule without extending the amendment to defendants already sentenced.
Extraordinary and compelling reasons
The threshold justification required for compassionate release. A circumstance must qualify legally; a court’s view that relief would be fair is insufficient by itself.
Final order
A ruling that completes the relevant proceeding. A postjudgment order can be final when it conclusively resolves the motion before the court.
Jurisdiction versus authorization to appeal
Jurisdiction concerns the court’s power to hear a case. Authorization concerns whether a party—particularly the government in a criminal case—has statutory permission to bring the appeal.
De novo versus abuse-of-discretion review
De novo review independently resolves legal questions. Abuse-of-discretion review gives a district court latitude in making choices that the law permits. Rizo failed at the legal-eligibility stage.

6. Conclusion

United States v. Abel Rizo establishes a practical appellate rule while applying a controlling substantive limit. A final compassionate-release reduction is reviewable on the government’s qualifying claim that it violates federal law, although the precise relationship between §§ 1291 and 3742(b) remains unresolved.

On the merits, the 2018 nonretroactive § 924(c) amendment cannot supply the extraordinary and compelling reason needed for relief. Neither a substantial sentencing disparity nor favorable discretionary findings can overcome that threshold bar. The decision thus reinforces both statutory sentence finality and the limits of the Sentencing Commission’s delegated authority.