USA v. Francisco Saldana

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 20-14490
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO SALDANA,
a.k.a. Frank,
a.k.a. Frank Rivera,
a.k.a. Warren G,
Defendant-Appellant.
____________________
Appeals from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:95-cr-00605-PAS-1
____________________
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2 Opinion of the Court 20-14490
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No. 21-10634
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO SALDANA,
a.k.a. Frank,
a.k.a. Frank Rivera,
a.k.a. Warren G,
Defendant-Appellant.
____________________
Appeals from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:95-cr-00605-PAS-1
____________________
Before J ORDAN, L UCK , and LAGOA , Circuit Judges.
PER C URIAM :
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20-14490 Opinion of the Court 3
Francisco Saldana appeals the district court’s order denying
his motion to reduce his sentence under section 404 of the First
Step Act. He argues that the district court erred in concluding that
he was not eligible to receive a lower sentence under the First Step
Act. The government concedes “that the district court’s conclu-
sion that it had no authority to reduce Saldana’s sentence was er-
roneous.”
After a thorough review of the record, we agree with the
parties that the district court erred in concluding that Saldana was
ineligible for a reduced sentence under section 404 of the First Step
Act. We REVERSE the order denying Saldana’s motion to reduce
his sentence and REMAND for the district court to exercise its dis-
cretion and decide whether to reduce Saldana’s sentences for his
crack cocaine convictions.1
1 This appeal was originally scheduled for oral argument but was removed
from the oral argument calendar by unanimous agreement of the panel under
11th Cir. R. 34-3(f).
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