United States v. Carlos Cedeno

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NOT FOR PUBLICATION

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 25-12255

Non-Argument Calendar

____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CARLOS RAFAEL TELLO CEDENO,

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Middle District of Florida

D.C. Docket No. 8:16-cr-00518-WFJ-TGW-1

____________________

Before JILL PRYOR, BRANCH, and HULL, Circuit Judges.

PER CURIAM:

Defendant Carlos Rafael Tello Cedeno appeals the district

court’s denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his

sentence. Particularly, Cedeno contends the district court abused

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its discretion when it denied his motion based on its consideration

of the 18 U.S.C. § 3553(a) sentencing factors. After careful review,

we affirm.

I. BACKGROUND

A. Offense Conduct

On November 21, 2016, a United States Coast Guard (“Coast

Guard”) patrol aircraft detected two suspicious vessels within the

international waters of the Eastern Pacific Ocean. The Coast Guard

diverted one of its nearby ships, the USCGC Mellon, in an effort to

initiate a right-of-visit boarding. A helicopter was launched from

the USCGC Mellon to pursue the suspicious vessels.

Defendant Cedeno served as the master of one of the

vessels—a go-fast boat called the El Chespi. During the pursuit,

Coast Guard personnel in the helicopter observed crew members

of the El Chespi jettisoning bales of suspected narcotics overboard.

Additional packages and fuel containers remained on the deck of

the El Chespi.

The Coast Guard helicopter disabled the El Chespi with

gunfire. Coast Guard personnel boarded the boat and arrested its

three crew members, including defendant Cedeno. The Coast

Guard later recovered forty bales of cocaine weighing 787.6

kilograms, all of which had been thrown overboard by crew

members of the El Chespi.

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B. Conviction and Sentence

Following capture aboard the El Chespi, defendant Cedeno

and other defendants were indicted in the Middle District of Florida

on two counts of violating 46 U.S.C. § 70503, which outlaws

certain conduct aboard “vessel[s] subject to the jurisdiction of the

United States.” 46 U.S.C. § 70503(a), (e)(1). Count One charged

Cedeno and his co-defendants with conspiring to distribute and

possess with intent to distribute five or more kilograms of a

substance containing cocaine. Count Two charged Cedeno and his

co-defendants with the underlying substantive count of possessing

with intent to distribute that cocaine.

Pursuant to a plea agreement, Cedeno pled guilty to Count

One of the indictment. Therein, the government agreed to seek

dismissal of Count Two of the indictment.

At Cedeno’s August 2017 sentencing, the district court

adopted the Presentence Investigation Report’s factual statements

and advisory guideline calculations without objection. The district

court calculated Cedeno’s total offense level to be 35, consisting of:

(1) a base offense level of 38 because the offense involved 787.6

kilograms of cocaine, pursuant to U.S.S.G. § 2D1.1(c)(1) (2016);

(2) a two-level decrease because Cedeno qualified for safety-valve

relief under U.S.S.G. § 5C1.2 (2016); (3) a two-level increase

because Cedeno acted as the pilot, captain, or navigator of a vessel

carrying a controlled substance, pursuant to U.S.S.G.

§ 2D1.1(b)(3)(C) (2016); (4) a two-level decrease for acceptance of

responsibility, pursuant to U.S.S.G. § 3E1.1(a) (2016); and (5) an

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additional one-level decrease for Cedeno timely notifying the

government of his intent to plead guilty, pursuant to

U.S.S.G. § 3E1.1(b) (2016).

Because Cedeno had no criminal convictions, the district

court assigned him a criminal history score of zero and a criminal

history category of I. A total offense level of 35 and criminal history

category of I yielded an advisory guidelines range of 168 to 210

months of imprisonment.

After denying Cedeno’s request for a downward variance,

the district court sentenced Cedeno to 168 months of

imprisonment. Pursuant to the parties’ plea agreement, the district

court dismissed Count Two of the indictment.

In pronouncing Cedeno’s sentence in 2017, thedistrict court

agreed with the prosecutor that he could not remember ever

having a case involving 750 kilograms—over ¾ tons—of cocaine.

The district court also agreed that Cedeno’s entrustment with such

a large quantity of drugs and his lengthy proffer describing the drug

distribution network showed Cedeno’s continued and extensive

involvement in the illegal drug trade. Lastly, the district court

thought the 168-month sentence was justified to deter efforts to

import “poison” that furthered the drug epidemic.

C. Amendment 821 in 2023

On November 1, 2023, Amendment 821 to the sentencing

guidelines became effective. See U.S.S.G. supp. app. C, amend. 821

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(2023). 1 As relevant here, Amendment 821 added U.S.S.G. § 4C1.1

to the sentencing guidelines. Entitled “Adjustment for Certain

Zero-Point Offenders.” Section 4C1.1 requires that the defendant’s

offense level be decreased by two levels if the defendant (1) “did

not receive any criminal history points”; and (2) meets ten other

criteria enumerated in § 4C1.1(a). U.S.S.G. § 4C1.1(a)(1)-(11).

Amendment 825 made § 4C1.1’s zero-point offender reduction

retroactively applicable under § 1B1.10(d). See U.S.S.G. supp. app.

C, amend. 825 (2023).

D. Probation Memorandum and 18 U.S.C. § 3582(c)(2)

Motion in 2025

In April 2025, pursuant to the Middle of District of Florida’s

adopted procedure for implementing Amendment 821, a probation

officer issued a memorandum indicating that Cedeno was

retroactively eligible for a zero-point offender reduction. With

§ 4C1.1’s two-level reduction, Cedeno’s total offense level would

be 33, and his new advisory guidelines range would be 135 to 168

months of imprisonment.

In May 2025, Cedeno, through a court-appointed federal

defender, filed an unopposed 18 U.S.C. § 3582(c)(2) motion to

reduce his sentence. Cedeno’s motion argued probation’s

1 While Amendment 821 went into effect in November 2023, Amendment 825

provided that the courts “shall not order a reduced term of imprisonment

based on . . . Part B, Subpart 1 of Amendment 821 unless the effective date of

the . . . order is February 1, 2024, or later.” See U.S.S.G. supp. app. C, amend.

825 (2023); U.S.S.G. § 1B1.10(e)(2).

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memorandum correctly found him eligible for a sentence

reduction due to Amendment 821 and § 4C1.1. Cedeno asked the

district court to “apply the same reasoning it did when it sentenced

[him] to the low-end of his original guideline range to resentence

him to the low-end 135 months of his amended guideline range.”

As to the 18 U.S.C. § 3553(a) factors, Cedeno highlighted: (1) his

difficult, impoverished childhood; (2) his pre-arrest role as sole

provider for his family; and (3) his “spotless disciplinary record” and

participation in educational programming while incarcerated.

The district court denied Cedeno’s § 3582(c)(2) motion. The

district court considered the sentencing factors in 18 U.S.C.

§ 3553(a) and found “the factors militate against a reduction.” The

district court succinctly highlighted pertinent aspects of Cedeno’s

offense conduct, writing: “The defendants in this large marine

smuggling venture obstructed the investigation by jettisoning

contraband before the Coast Guard was forced to fire upon their

boat to disable and stop it. Almost a ton of cocaine was recovered,

despite this dangerous obstruction.” Lastly, the district court noted

that Cedeno was subject to an ICE detainer and would likely be

deported upon his release.

Cedeno timely appealed.

II. STANDARD OF REVIEW

We review the district court’s decision to deny an eligible

defendant’s § 3582(c)(2) motion for a sentence reduction for abuse

of discretion. United States v. Caraballo-Martinez, 866 F.3d 1233, 1238

(11th Cir. 2017). “An abuse of discretion occurs if in deciding the

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issue ‘the district court applies an incorrect legal standard or makes

findings of fact that are clearly erroneous.’” United States v. Turner,

61 F.4th 866, 889 n.73 (11th Cir. 2023) (quoting United States v. Wilk,

572 F.3d 1229, 1234 (11th Cir. 2009)).

III. DISCUSSION

On appeal, Cedeno argues the district court abused its

discretion in denying his § 3582(c)(2) motion by (1) basing its

decision on a clearly erroneous finding that Cedeno engaged in

“dangerous obstruction”; and (2) improperly weighing the

§ 3553(a) sentencing factors. We disagree.

Section 3582(c)(2) provides that a district court may reduce

a defendant’s term of imprisonment if the defendant was sentenced

based on a sentencing range that has subsequently been lowered

by the Sentencing Commission. Section 3582(c)(2) “establishes a

two-step inquiry.” Dillon v. United States, 560 U.S. 817, 826 (2010).

First, a district court must determine “‘the amended guideline

range that would have been applicable to the defendant’ had the

relevant amendment been in effect at the time of the initial

sentencing.” Id. at 827 (quoting U.S.S.G. § 1B1.10(b)(1)). A district

court must substitute only the amended guideline and “leave all

other guideline application decisions unaffected.” U.S.S.G.

§ 1B1.10(b)(1); Dillon, 560 U.S. at 827. Second, a district court must

“consider any applicable § 3553(a) factors and determine whether,

in its discretion, the reduction . . . is warranted in whole or in part

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under the particular circumstances of the case.” Dillon, 560 U.S.

at 827. 2

Here, the district court accepted, and Cedeno does not

challenge, the probation officer’s recalculation of Cedeno’s

advisory guidelines range from the original 168 months to 210

months of imprisonment to the new range of 135 months to 168

months of imprisonment. Cedeno’s arguments on appeal relate

only to the second step of the § 3582(c)(2) inquiry, but as we explain

below, the district court did not abuse its discretion in denying a

sentence reduction based on the § 3553(a) factors.

A. Consideration of “Dangerous Obstruction”

The district court here described Cedeno’s act of jettisoning

cocaine bales before his capture as “dangerous obstruction.” The

undisputed facts support the district court’s description since

Cedeno (1) fled from Coast Guard pursuit in his go-fast boat;

(2) forced the Coast Guard to use disabling gunfire to stop the boat;

and (3) jettisoned cocaine bales into the ocean, forcing the Coast

2 The § 3553(a) factors include: (1) the nature and circumstances of the offense

and the history and characteristics of the defendant; (2) the need for the

sentence to reflect the seriousness of the offense, promote respect for the law,

and provide just punishment for the offense; (3) the need for deterrence;

(4) the need to protect the public; (5) the need to provide the defendant with

needed education or vocational training or medical care; (6) the kinds of

sentences available; (7) the sentencing guidelines range; (8) pertinent policy

statements of the sentencing commission; (9) the need to avoid unwarranted

sentencing disparities; and (10) the need to provide restitution to victims. 18

U.S.C. § 3553(a).

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Guard to recover the bales. We easily conclude the district court

did not make a “clearly erroneous” factual finding. See United States

v. Marks, 156 F.4th 1169, 1181 (11th Cir. 2025) (“A finding of fact is

‘clearly erroneous only when [we] are left with a definite and firm

conviction that a mistake has been committed.’” (quoting United

States v. Hogan, 986 F.2d 1364, 1372 (11th Cir. 1993))).

Nor did the district court, as Cedeno puts it, “violate[] the

spirit” of the policy statement for § 3582(c)(2) reductions by finding

he engaged in dangerous obstruction despite Cedeno not having

originally received an enhancement for obstruction under U.S.S.G.

§ 3C1.1. 3 As stated above, a district court modifying a sentence

based on a retroactive amendment to the guidelines must

substitute only the amended guideline and “leave all other

guideline application decisions unaffected.” U.S.S.G.

§ 1B1.10(b)(1). Cedeno concedes the district court “technically”

complied with this requirement and did not apply an obstruction

enhancement. Instead, the district court accepted the probation

officer’s calculation that Cedeno’s new advisory guideline range

was 135 to 168 months of imprisonment.

3 U.S.S.G. § 3C1.1 provides as follows:

If (1) the defendant willfully obstructed or impeded, or

attempted to obstruct or impede, the administration of justice

with respect to the investigation, prosecution, or sentencing of

the instant offense of conviction, and (2) the obstructive

conduct related to (A) the defendant’s offense of conviction

and any relevant conduct; or (B) a closely related offense,

increase the offense level by 2 levels.

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Having properly determined Cedeno’s amended advisory

guidelines range, nothing prevented the district court from

considering offense conduct it found to be dangerous obstruction

in denying Cedeno’s § 3582(c)(2) motion. Conduct that relates to a

possible guidelines enhancement—whether the conduct ultimately

justifies an enhancement or not—may nonetheless be considered

for purposes of balancing the § 3553(a) factors. See United States v.

Turner, 626 F.3d 566, 574 (11th Cir. 2010) (reasoning that district

court could consider conduct underlying an enhancement to

balance § 3553(a) factors); U.S.S.G. § 3C1.1, cmt. n.5 (noting that

some conduct may not warrant adjustment but “may warrant a

greater sentence within the otherwise applicable guideline range”).

Thus, the district court did not abuse its discretion in considering

Cedeno’s obstructive conduct for purposes of § 3553(a).

B. Balancing § 3553(a) Factors

The district court also did not abuse its discretion in finding

the § 3553(a) factors warranted denying Cedeno’s motion to reduce

his sentence. The district court considered the § 3553(a) factors

when it denied Cedeno’s § 3582(c)(2) motion and found Cedeno

(1) was involved in a large marine smuggling venture;

(2) transported almost a ton of cocaine; (3) fled Coast Guard

pursuit, requiring the Coast Guard to use disabling fire; and

(4) jettisoned cocaine bales into the ocean, requiring recovery by

the Coast Guard. Additionally, the sentencing court previously had

noted Cedeno’s heavy involvement with the smuggling venture, as

evidenced by his entrustment with so much cocaine and his

detailed proffer.

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Cedeno faults the district court for placing “too much

weight” on the nature and circumstances of his offense and “too

little weight” on mitigating factors like Cedeno’s difficult

upbringing, his “excellent conduct since his arrest,” and the

amended guideline range. As an initial point, the district court was

not required to consider Cedeno’s post-sentencing conduct or

rehabilitation. See United States v. Doyle, 857 F.3d 1115, 1121 (11th

Cir. 2017) (stating that district court “may” consider

post-sentencing rehabilitation at resentencing). More

fundamentally, however, Cedeno ignores that the weight to be

accorded each § 3553(a) factor, is “a matter committed to the sound

discretion of the district court.” United States v. Ramirez-Gonzalez,

755 F.3d 1267, 1272 (11th Cir. 2014) (quoting United States v.

Amedeo, 487 F.3d 823, 832 (11th Cir. 2007)). It is not for this Court

to reweigh the § 3553(a) factors. Id. at 1273.

In a footnote, Cedeno suggests an additional basis to find the

district court abused its discretion. 4 Cedeno points to the district

court’s statement that Cedeno was subject to an ICE detainer and

would likely be deported upon release. The district court did not

explain which § 3553(a) factor Cedeno’s ICE detainer related to,

and its passing reference thereto does not establish that the district

court abused its discretion by giving “significant weight to an

4 In another footnote, Cedeno says “this district court has not granted a single

unopposed . . . Amendment 821 motion.” To the extent Cedeno is suggesting

the district court did not conduct an individualized inquiry, the district court’s

order, as summarized herein, belies that contention.

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improper or irrelevant factor.” United States v. Irey, 612 F.3d 1160,

1189 (11th Cir. 2010) (en banc) (quoting United States v. Campa, 459

F.3d 1121, 1174 (11th Cir. 2006) (en banc)).

In sum, the district court did not abuse its discretion in

denying Cedeno’s § 3582(c)(2) motion for a sentence reduction

based on its consideration of the § 3553(a) factors.

AFFIRMED.