The opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-13506
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC RONDELL GABE,
a.k.a. Derrick Minor,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Georgia
D.C. Docket No. 4:05-cr-00281-RSB-CLR-1
____________________
Before NEWSOM, BRASHER, and ANDERSON, Circuit Judges.
PER CURIAM:
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2 Opinion of the Court 24-13506
Eric Gabe, a federal prisoner proceeding pro se, appeals the
district court’s denial of his second motion for compassionate re-
lease. He contends that the district court abused its discretion by
finding that he did not meet his burden of showing extraordinary
and compelling circumstances under U.S.S.G. § 1B1.13(b). In re-
sponse, the government moves for summary affirmance, arguing
that Gabe would still be sentenced as an armed career criminal to-
day, his presidential pardon did not affect his other convictions, and
the 18 U.S.S.C. § 3553(a) factors leaned against compassionate re-
lease.
Summary disposition is appropriate either where time is of
the essence, such as “situations where important public policy is-
sues are involved or those where rights delayed are rights denied,”
or where “the position of one of the parties is clearly right as a mat-
ter of law so that there can be no substantial question as to the out-
come of the case, or where, as is more frequently the case, the ap-
peal is frivolous.” Groendyke Transp., Inc. v. Davis, 406 F.2d 1158,
1162 (5th Cir. 1969). A motion for summary affirmance postpones
the due date for the filing of any remaining brief until this Court
rules on the motion. 11th Cir. R. 31-1(c). “A claim is frivolous if it
is without arguable merit either in law or fact.” Bilal v. Driver, 251
F.3d 1346, 1349 (11th Cir. 2001). This Court has further noted that
it may summarily affirm on “less meritorious” issues which “do not
warrant discussion.” United States v. Paradies, 98 F.3d 1266, 1277
n.13 (11th Cir. 1997).
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24-13506 Opinion of the Court 3
“We review de novo whether a defendant is eligible for a
sentence reduction under 18 U.S.C. § 3582(c)(1)(A).” United States
v. Giron, 15 F.4th 1343, 1345 (11th Cir. 2021). “After eligibility is
established, we review a district court’s denial of a prisoner’s
§ 3582(c)(1)(A) motion for abuse of discretion.” Id. “This standard
of review . . . afford[s] district courts a range of choice,” and we
“cannot reverse just because we might have come to a different
conclusion.” Id. (quotation marks omitted). “A district court
abuses its discretion if it applies an incorrect legal standard, follows
improper procedures in making its determination, or makes clearly
erroneous factual findings.” Id.
Under Section 3582(c)(1)(A), “a district court may reduce a
term of imprisonment if (1) the § 3553(a) sentencing factors favor
doing so, (2) there are extraordinary and compelling reasons for do-
ing so, and . . . (3) doing so wouldn’t endanger any person or the
community within the meaning of § 1B1.13’s policy statement.”
United States v. Tinker, 14 F.4th 1234, 1237 (11th Cir. 2021). The
policy statement provides that the defendant must not be “a danger
to the safety of any other person or to the community, as provided
in 18 U.S.C. § 3142(g).” U.S.S.G. § 1B1.13(a)(2).
Amongst the conditions that qualify as “extraordinary and
compelling reasons,” the Sentencing Guidelines state that the dis-
trict court may find a sentence reduction is warranted if a defend-
ant received an “unusually long sentence,” has served at least ten
years of that sentence, and a change in the law “(other than an
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4 Opinion of the Court 24-13506
amendment to the Guidelines Manual that has not been made ret-
roactive)” leads to a gross disparity between the sentence being
served and the sentence that would likely be imposed at the time
the motion is filed. U.S.S.G. § 1B1.13(b)(6).
We have explained that, “because the three findings re-
quired by § 3582(c)(1)(A) are all necessary conditions for the grant-
ing of compassionate release, the absence of even one would fore-
close a sentence reduction.” Giron, 15 F.4th at 1349 (quotation
marks omitted). “Therefore, a district [court] may skip the consid-
eration of one condition by assuming its existence and deny relief
if it finds that at least one of the compassionate-release conditions
was not satisfied.” Id. (quotation marks omitted).
We hold pro se pleadings to a less stringent standard and lib-
erally construe them. Tannenbaum v. United States, 148 F.3d 1262,
1263 (11th Cir. 1998). However, issues not raised in an initial brief
are deemed abandoned and will not be addressed absent extraordi-
nary circumstances. United States v. Campbell, 26 F.4th 860, 873
(11th Cir. 2022) (en banc). “To obtain reversal of a district court
judgment that is based on multiple, independent grounds, [the ap-
pellant] must convince us that every stated ground for the judg-
ment against him is incorrect.” United States v. Maher, 955 F.3d 880,
885 (11th Cir. 2020) (quoted source omitted).
Under the Armed Career Criminal Act, § 924, any person
who violates § 922(g) and has 3 previous convictions for a “violent
felony” or a “serious drug offense,” shall be imprisoned not less
than 15 years. 18 U.S.C. § 924(e)(1); see also 18 U.S.C. § 922(g)(1)
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24-13506 Opinion of the Court 5
(prohibiting from possessing firearms any person “who has been
convicted in any court of, a crime punishable by imprisonment for
a term exceeding one year.”). In § 924(e), the following terms are
defined:
(A) the term “serious drug offense” means—
(i) an offense under the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Sub-
stances Import and Export Act (21 U.S.C. 951
et seq.), or chapter 705 of title 46 for which a
maximum term of imprisonment of ten years
or more is prescribed by law; or
(ii) an offense under State law, involving man-
ufacturing, distributing, or possessing with in-
tent to manufacture or distribute, a controlled
substance (as defined in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802)), for
which a maximum term of imprisonment of
ten years or more is prescribed by law;
(B) the term “violent felony” means any crime pun-
ishable by imprisonment for a term exceeding one
year, or any act of juvenile delinquency involving the
use or carrying of a firearm, knife, or destructive de-
vice that would be punishable by imprisonment for
such term if committed by an adult, that—
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6 Opinion of the Court 24-13506
(i) has as an element the use, attempted use, or
threatened use of physical force against the
person of another; or
(ii) is burglary, arson, or extortion, involves
use of explosives, or otherwise involves con-
duct that presents a serious potential risk of
physical injury to another; and
(C) the term “conviction” includes a finding that a
person has committed an act of juvenile delinquency
involving a violent felony.
18 U.S.C. § 924(e)(2); see also 21 U.S.C. § 802(58) (defining a “serious
drug felony” as an offense for which “the offender served a term of
imprisonment of more than 12 months” and “the offender’s release
from any term of imprisonment was within 15 years of the com-
mencement of the instant offense”).
United States Sentencing Guideline § 5H1.1 stated:
Age may be relevant in determining whether a depar-
ture is warranted.
Age may be a reason to depart downward in a case in
which the defendant is elderly and infirm and where
a form of punishment such as home confinement
might be equally efficient as and less costly than in-
carceration.
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24-13506 Opinion of the Court 7
A downward departure also may be warranted due to
the defendant’s youthfulness at the time of the of-
fense or prior offenses. Certain risk factors may affect
a youthful individual’s development into the mid-20’s
and contribute to involvement in criminal justice sys-
tems, including environment, adverse childhood ex-
periences, substance use, lack of educational opportu-
nities, and familial relationships. In addition, youth-
ful individuals generally are more impulsive, risk-
seeking, and susceptible to outside influence as their
brains continue to develop into young adulthood.
Youthful individuals also are more amenable to reha-
bilitation.
The age-crime curve, one of the most consistent find-
ings in criminology, demonstrates that criminal be-
havior tends to decrease with age. Age-appropriate
interventions and other protective factors may pro-
mote desistance from crime. Accordingly, in an ap-
propriate case, the court may consider whether a
form of punishment other than imprisonment might
be sufficient to meet the purposes of sentencing.
Physical condition, which may be related to age, is ad-
dressed at §5H1.4 (Physical Condition, Including
Drug or Alcohol Dependence or Abuse; Gambling
Addiction).
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U.S.S.G. § 5H1.1 (2024). The guideline language was the result of
Amendment 829, which was not listed as retroactive under
U.S.S.G. § 1B1.10(d). Id. (Amend. 829, 2024); U.S.S.G. § 1B1.10(d)
(2024). This provision was deleted from the 2025 Sentencing
Guidelines Manual. U.S.S.G. § 5H1.1 (2025).
As an initial matter, Gabe has abandoned any argument re-
lating to his presidential pardon constituting a change in the law
that renders his sentence “unusually long” because he fails to raise
the issue in his initial brief. See Tannenbaum, 148 F.3d at 1263; Camp-
bell, 26 F.4th at 873
Here, we grant the government’s motion for summary affir-
mance because it is clearly right as a matter of law. See Groendyke
Transp., Inc., 406 F.2d at 1162. Even construing Gabe’s assertions
liberally, his challenges to the district court’s finding that he failed
to establish extraordinary and compelling circumstances are merit-
less. See Tannenbaum, 148 F.3d at 1263; Tinker, 14 F.4th at 1237. He
maintains that two of his prior convictions were not “serious drug
felonies” under § 924(e)(2), but the term and definition he relies on
are from a different statute. Compare 18 U.S.C. § 924(e)(2) with 21
U.S.C. § 802(58). The correct terms, “violent felony” and “serious
drug offense,” do not require a minimum amount of time actually
served. See 18 U.S.C. § 924(e)(2). Gabe next cites to U.S.S.G.
§ 5H1.1, but that section is non-retroactive and has since been de-
leted. See U.S.S.G. §§ 1B1.13(b)(6), 5H1.1 (Amend. 829, 2024),
5H1.1 (2025). He then asserts that his conviction for possession
with intent to distribute marijuana should not count as a § 924(e)
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24-13506 Opinion of the Court 9
predicate. However, even if this argument were successful, he fails
to challenge at least three other predicate offenses described in the
presentence investigation report. See 18 U.S.C. §§ 922(g)(1),
924(e)(1). Because an extraordinary and compelling reason was a
necessary element, we need not address the § 3553(a) factors. See
Maher, 955 F.3d 880, 885.
Accordingly, we GRANT the government’s motion for
summary affirmance of the district court’s denial of Gabe’s motion
for compassionate release. See Groendyke Transp., Inc., 406 F.2d at
1162.
AFFIRMED.