United States v. Angel Centeno-Morales

90 F.4th 274
Court of Appeals for the Fourth Circuit·Decided January 5, 2024·No. 22-6607·Published·Cited by 31 cases

Opinion

PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6607

UNITED STATES OF AMERICA, Plaintiff – Appellee,

v.

ANGEL MANUEL CENTENO-MORALES, Defendant – Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Elizabeth Kay Dillon, District Judge. (5:15-cr-00012-EKD-1)

Argued: October 24, 2023 Decided: January 5, 2024

Before WILKINSON, AGEE, and RICHARDSON, Circuit Judges.

Affirmed by published opinion. Judge Agee wrote the opinion in which Judge Wilkinson and Judge Richardson joined.

ARGUED: Andrea Lantz Harris, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charlottesville, Virginia, for Appellant. Jonathan Patrick Jones, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. ON BRIEF: Juval O. Scott, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charlottesville, Virginia, for Appellant. Christopher R. Kavanaugh, United States

Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

AGEE, Circuit Judge:

Federal prisoner Angel Centeno-Morales moved for compassionate release under

18 U.S.C. § 3582(c) after his wife, who was the primary caregiver for their minor son, died of COVID-19. In his § 3582(c) motion, Centeno-Morales argued that his wife’s death constituted an extraordinary and compelling reason for release and that a reassessment of the 18 U.S.C. § 3553(a) factors also favored his release given his changed circumstances and his post-sentencing rehabilitative conduct. The district court agreed that the death of Centeno-Morales’ wife constituted an extraordinary and compelling reason for relief, but found that the § 3553(a) factors strongly weighed in favor of his continued incarceration. The district court therefore denied Centeno-Morales’ motion for compassionate release. For the reasons set forth below, we affirm the district court’s order denying relief.

I.

A.

Angel Centeno-Morales has a long criminal history of offenses involving drugs and violence. Before committing the offenses for which he is now incarcerated, he was previously convicted of aggravated assault with a deadly weapon, burglary, battery, illegal possession of weapons, and several drug offenses. In 2010, Centeno-Morales was convicted in Virginia state court for possession of methamphetamine with the intent to distribute. He was released from custody on probation in 2013 and almost immediately became involved in the drug trafficking conspiracy that led to his current incarceration.

From spring to fall of 2014, Centeno-Morales and his co-conspirators trafficked methamphetamine in and around Staunton, Virginia. Centeno-Morales often sold methamphetamine while in possession of a firearm. He frequently used a firearm to threaten those to whom he sold methamphetamine, particularly to prevent them from cooperating with law enforcement.

Centeno-Morales’ enterprise ended in September 2014, when based on a tip from a confidential informant, law enforcement instigated a traffic stop of his vehicle. A search of the vehicle yielded $3,000 in cash and a loaded handgun. Centeno-Morales was arrested for possession of a firearm by a felon and later charged with drug offenses based on information received from informants.

Centeno-Morales entered into a plea agreement with the United States under which he pleaded guilty to distribution of more than 500 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A), and to possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). In exchange, the United States moved to dismiss six other charges. The district court, Judge Elizabeth K. Dillon presiding, accepted Centeno-Morales’ plea and later sentenced Centeno-Morales to 180 months’ imprisonment: 120 months for the distribution offense and a consecutive 60 months for the firearms offense.

B.

In May 2021, after serving about six years of his sentence, Centeno-Morales filed a pro se motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). In that motion,

Centeno-Morales argued that he should be released because of his poor health and the risks of COVID-19 in correctional facilities. Centeno-Morales argued that COVID-19, coupled with his medical conditions, created an extraordinary and compelling circumstance warranting release. The district court appointed counsel to represent Centeno-Morales, but she declined to file a supplemental brief.

C.

Before the district court could rule on this first motion for compassionate release, Centeno-Morales’ wife died of COVID-19. Centeno-Morales, this time through his court- appointed counsel, filed a supplemental motion arguing that these circumstances also warranted release under § 3582(c)(1)(A).

In his supplemental motion, Centeno-Morales argued that the death of his wife left his minor son without a primary caregiver and created an additional extraordinary and compelling reason justifying an early release. In support of this contention, Centeno- Morales highlighted the importance of a parent’s presence in the life of an adolescent and described the personal difficulties he experienced as a child without a father figure. Centeno-Morales then argued that the § 3553(a) factors favored his early release because of his disciplinary record, his rehabilitative efforts, and his post-release arrangements.

The Government opposed the motion. It conceded that the death of Centeno-

Morales’ wife constituted an extraordinary and compelling reason, but it argued that the § 3553(a) factors weighed in favor of Centeno-Morales’ continued incarceration. The Government pointed to the violent nature of Centeno-Morales’ offense, his criminal

history, the proximity of prior offenses to the ones for which he is incarcerated, his disciplinary infractions while incarcerated, and his potential danger to the community if released. The Government also noted that Centeno-Morales did not address whether anyone else was available to care for his son, nor did he show that his release would result in a more stable environment for his child.

As detailed below, the district court denied the motion. * Although the court agreed with the parties that Centeno-Morales could show “extraordinary and compelling reasons” to support his motion given the death of his wife, it disagreed with his argument that the § 3553(a) factors supported his release.

After the district court denied relief, Centeno-Morales noted a timely appeal. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3572.

II.

A.

At the outset, we note that ordinarily a sentencing court “may not modify a term of imprisonment once it has been imposed.” 18 U.S.C. § 3582(c). Congress provided an exception to that general rule—on which Centeno-Morales now relies—which permits courts to reduce a sentence or permit immediate release based on “extraordinary and

*

In the same order, the district court also rejected the original grounds for the motion after concluding that Centeno-Morales had not shown that COVID-19 created for him an extraordinary and compelling reason for relief. Centeno-Morales does not challenge that finding on appeal.

compelling reasons warrant[ing]” such relief. Id. § 3582(c)(1)(A)(i). For many years, only the Director of the Federal Bureau of Prisons could make such a request. Id. § 3582(c)(1)(A) (2002). But in 2018, Congress enacted the First Step Act, which allows federal inmates to directly file motions for compassionate release once they have exhausted their administrative remedies. See Pub. L. No. 115–391, § 603(b), 132 Stat. 5194, 5239 (2018).

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United States v. Angel Centeno-Morales, 90 F.4th 274 (4th Cir. 2024).

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