United States v. Bobby Holt
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 3, 2026
Docket25-14165
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-14165
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BOBBY HENRY HOLT,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 2:08-cr-00038-JES-M_M-1
____________________
Before LAGOA, BRASHER, and ANDERSON, Circuit Judges.
PER CURIAM:
Bobby Holt appeals pro se from the district court’s denial of
his 18 U.S.C. § 3582(c)(1)(A) motion for compassionate release and
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2 Opinion of the Court 25-14165
his subsequent motion for reconsideration. He argues that the dis-
trict court abused its discretion by finding that he had not demon-
strated that he was the only person available to care for his inca-
pacitated parents, and that it ignored the evidence that he pre-
sented showing that was rehabilitated and no longer a danger to
the community.
We review “whether a defendant is eligible for a sentence
reduction under 18 U.S.C. § 3582(c)(1)(A)” de novo. United States
v. Giron, 15 F.4th 1343, 1345 (11th Cir. 2021) (italics omitted). We
review a district court’s denial of an eligible movant’s request for a
reduced sentence under the First Step Act for an abuse of discre-
tion. United States v. Jackson, 58 F.4th 1331, 1335 (11th Cir. 2023).
“Pro se pleadings are held to a less stringent standard than plead-
ings drafted by attorneys and will, therefore, be liberally con-
strued.” Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir.
1998) (italics omitted). We review a district court’s denial of a mo-
tion for reconsideration in a criminal action for abuse of discretion.
United States v. Simms, 385 F.3d 1347, 1356 (11th Cir. 2004).
“Generally, a district court may not modify a term of impris-
onment once imposed . . . .” United States v. Moreno, 421 F.3d 1217,
1219 (11th Cir. 2005). However, a defendant may move for com-
passionate release under § 3582(c)(1)(A). 18 U.S.C. § 3582(c)(1)(A).
A district court may grant compassionate release if (1) an extraor-
dinary and compelling reason exists; (2) a sentencing reduction
would be consistent with § 1B1.13; and (3) the § 3553(a) factors
weigh in favor of compassionate release. United States v. Tinker, 14
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25-14165 Opinion of the Court 3
F.4th 1234, 1237-38 (11th Cir. 2021); 18 U.S.C. § 3582(c)(1)(A).
When the district court finds that one of these three prongs is not
met, it need not examine the other prongs. Giron, 15 F.4th at
1348-50.
A district court must impose a “sentence sufficient, but not
greater than necessary, to comply with the purposes set forth” in
§ 3553(a)(2), which are the need for the sentence to reflect the seri-
ousness of the offense, promote respect for law, provide just pun-
ishment, afford adequate deterrence, protect the public, and pro-
vide the defendant with needed correctional treatment. 18 U.S.C.
§ 3553(a)(2). The district court must also consider: (1) the nature
and circumstances of the offense and the history and characteristics
of the defendant; (2) the types of sentences that are available;
(3) the appropriate types of sentences and sentencing range estab-
lished by the sentencing guidelines; (4) policy statements by the
Sentencing Commission; (5) the need to avoid sentencing dispari-
ties between similarly situated defendants; and (6) the need to pro-
vide restitution. Id. § 3553(a)(1), (3)-(7).
“The weight given to any specific § 3553(a) factor is commit-
ted to the sound discretion of the district court.” Tinker, 14 F.4th
at 1241 (quotation marks omitted). However, “[a] district court
abuses its discretion when it (1) fails to afford consideration to rel-
evant 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.” Id. (quotation
marks omitted, alteration in original). We do not take a court’s
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4 Opinion of the Court 25-14165
failure to discuss certain mitigating evidence to mean “that the
court erroneously ignored or failed to consider this evidence in de-
termining” a sentence. United States v. Amedeo, 487 F.3d 823,
833 (11th Cir. 2007) (quotation marks omitted). “[A]n acknowl-
edgement by the district court that it considered the § 3553(a) fac-
tors and the parties’ arguments is sufficient.” Tinker, 14 F.4th at
1241. “A sentence may be affirmed so long as the record indicates
that the district court considered a number of the factors such as
the nature and circumstances of the offense, the defendant’s history
of recidivism, and the types of sentences available.” Id. (quotation
marks omitted).
Motions “for reconsideration cannot be used to relitigate old
matters, raise argument or present evidence that could have been
raised prior to the entry of judgment.” Cummings v. Dep’t of Corr.,
757 F.3d 1228, 1234 (11th Cir. 2014) (quotation marks omitted).
Here, the court did not abuse its discretion by denying
Holt’s motion for compassionate release. It was within the district
court’s discretion to weigh the seriousness of Holt’s offenses and
the need to protect the community more heavily than Holt’s pur-
ported rehabilitation. And because the court properly found that
the § 3553(a) factors weighed against release, we need not reach
whether an extraordinary and compelling reason existed to justify
release or whether Holt remained a danger to the community. We
therefore affirm the district court’s decision to deny compassionate
release.
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25-14165 Opinion of the Court 5
We also affirm the district court’s denial of Holt’s motion for
reconsideration. The district court considered the two new letters
submitted with the motion—which merely reiterated the points
previously raised—and concluded that its opinion had not changed.
More significantly, the district court also expressly reaffirmed its
alternative holding—i.e. that “the 18 U.S.C. § 3553 factors weighed
against compassionate release,” Order Denying Reconsideration,
Dist. Ct. Doc. 170 at 2—the holding upon which we rely. We
therefore also affirm the district court’s denial of reconsideration.
AFFIRMED.1
1 The Government’s motion to seal portions of the record is GRANTED.