The U.S. Court of Appeals for the Eleventh Circuit has affirmed the denial of a compassionate release motion filed by Jose Romeu, a federal prisoner who has been serving a life sentence for drug trafficking offenses for more than three decades.
Romeu, proceeding pro se in his appeal, sought early release under 18 U.S.C. § 3582(c)(1)(A), the federal compassionate release statute. The case, *United States v. Jose Romeu* (11th Cir. 2026), involved his challenge to the U.S. District Court for the Southern District of Florida's denial of his motion for sentence reduction.
The defendant, also known by the alias "Joseito," has been incarcerated since his conviction stemming from drug offenses committed over 30 years ago. In 1995, a federal jury convicted Romeu of conspiracy to distribute marijuana and cocaine, possession with intent to distribute marijuana, possession with intent to distribute cocaine, and attempted possession with intent to distribute cocaine. The jury acquitted him of three other drug-related charges and made no specific findings regarding the quantity of drugs involved in the offenses.
Romeu's case represents one of many appeals by long-serving federal prisoners seeking relief under compassionate release provisions. The federal compassionate release statute, codified at 18 U.S.C. § 3582(c)(1)(A), allows courts to reduce sentences in extraordinary and compelling circumstances. Originally, only the Bureau of Prisons could file such motions, but the First Step Act of 2018 expanded the law to permit prisoners to file their own motions after exhausting administrative remedies or waiting 30 days.
In his appeal, Romeu cited a recent amendment to the U.S. Sentencing Guidelines, specifically U.S.S.G. § 1B1.13(b)(6), which addresses intervening changes in the law and unusually long sentences as potential grounds for compassionate release. This guideline provision allows courts to consider whether a defendant's sentence would be substantially lower if imposed today under current law and sentencing practices.
The three-judge panel of the Eleventh Circuit, consisting of Circuit Judges Rosenbaum, Abudu, and Anderson, issued a per curiam opinion affirming the district court's denial. The court's decision followed what it described as "careful review" of Romeu's arguments for early release.
Compassionate release cases have become increasingly common in federal courts, particularly following the COVID-19 pandemic and recent criminal justice reform efforts. The First Step Act significantly expanded prisoners' ability to seek sentence reductions, leading to thousands of motions filed across federal districts.
The legal standard for compassionate release requires defendants to demonstrate extraordinary and compelling circumstances that warrant a sentence reduction. Courts must also consider factors outlined in 18 U.S.C. § 3553(a), including the nature and circumstances of the offense, the defendant's history and characteristics, and the need for the sentence to reflect the seriousness of the offense and provide adequate deterrence.
Romeu's case highlights the challenges faced by prisoners serving lengthy sentences for drug offenses committed decades ago, particularly those sentenced under previous federal sentencing guidelines that imposed harsher penalties. Many such prisoners argue that their sentences would be substantially shorter if imposed under current law and sentencing practices.
The presentence investigation report in Romeu's case detailed the circumstances of his drug trafficking offenses, though the specific contents were not fully disclosed in the appellate opinion. The fact that the jury made no findings about drug quantities suggests potential ambiguity in the evidence regarding the scope of Romeu's criminal activity.
Federal drug sentences have evolved significantly since the 1990s, when Romeu was convicted. Various statutory and guideline changes have generally resulted in shorter sentences for similar offenses, leading many long-serving prisoners to argue for compassionate release based on these intervening legal developments.
The Eleventh Circuit's affirmance of the denial suggests that despite Romeu's long incarceration and potential changes in sentencing law, the court found insufficient grounds to warrant compassionate release. The opinion did not elaborate on the specific reasoning for the denial, noting only that the court conducted a careful review of the motion.
This case adds to the growing body of appellate decisions addressing compassionate release motions, providing guidance for both prisoners and courts navigating this evolving area of federal sentencing law. The decision reflects the continued judicial scrutiny applied to such motions, even for prisoners serving lengthy sentences imposed under older, potentially harsher sentencing regimes.
For prisoners like Romeu who have served decades in federal custody, the compassionate release statute represents one of the few avenues for sentence reduction. However, as this case demonstrates, courts maintain significant discretion in evaluating whether extraordinary and compelling circumstances justify early release, even for those serving life sentences for non-violent drug offenses committed many years ago.