United States of America v. Marco Uribe

United States Court of Appeals
For the Eighth Circuit
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No. 25-1458
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United States of America
Plaintiff - Appellee
v.
Marco Uribe
Defendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Northern
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Submitted: April 13, 2026
Filed: June 9, 2026
[Unpublished]
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Before GRUENDER, BENTON, and ERICKSON, Circuit Judges.
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PER CURIAM.
Marco Uribe appeals an order of the district court1 denying his motion for a
reduction in sentence pursuant to 18 U.S.C. § 3582(c)(1). We affirm.
1 The Honorable Charles B. Kornmann, United States District Judge for the
District of South Dakota.

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In 2013, Uribe pleaded guilty to kidnapping and brandishing a firearm during
the commission of a crime of violence. See 18 U.S.C. §§ 924(c)(1)(A), 1152,
1201(a)(2), and 2. Shortly thereafter, the district court sentenced him to 215 months’
imprisonment. In July 2020, Uribe moved for a sentence reduction under 18 U.S.C.
§ 3582(c)(1), which permits a district court, after considering the sentencing factors
outlined in 18 U.S.C. § 3553(a), to reduce a defendant’s term of imprisonment where
“extraordinary and compelling reasons warrant such a reduction” and a reduction
would be “consistent with applicable policy statements issued by the Sentencing
Commission.” Uribe argued that a reduction was warranted because he was
vulnerable to the spread of COVID-19 in his prison facility. The district court denied
Uribe’s motion primarily on the ground that any reduction would be inconsistent
with the § 3553(a) factors. Specifically, the court noted that Uribe “is a very
dangerous individual” who received a “lenient sentence” for his “involve[ment] in a
kidnapping and [use of] death threats” as the “leader of a drug gang” and “would be
a very serious risk to the public if he were to be released.” Uribe did not appeal the
district court’s denial of his motion.
In April 2024, Uribe again moved for a sentence reduction pursuant to 18
U.S.C. § 3582(c)(1). This time, he argued that a reduction was warranted, in part,
because a Bureau of Prisons correctional officer had sexually abused him during his
incarceration. See USSG § 1B1.13(b)(4)(A) (listing abuse by prison staff as an
“extraordinary and compelling reason[]” for reducing an inmate’s term of
imprisonment). In its response, the Government agreed that Uribe had established
“extraordinary and compelling reasons” for a reduction but asserted that the
§ 3553(a) factors “weigh[ed] against a large cut in [his] sentence.”
The district court denied Uribe’s motion in a written order. After
characterizing the Government as opposed to his motion, the district court explained
that the § 3553(a) factors did not support a reduction for the reasons outlined in its
denial of Uribe’s previous motion. The court also noted that a reduction would be
inconsistent with the Sentencing Guidelines because Uribe “was a danger to the
community and nothing filed herein suggests that [he] is no longer a danger to the

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community.” See USSG § 1B1.13(b)(a)(2) (authorizing a reduction in sentence only
if the district court determines that “the defendant is not a danger to the safety of any
other person or to the community”).
Uribe argues on appeal that the district court abused its discretion in denying
his motion. See United States v. Vangh, 990 F.3d 1138, 1140 (8th Cir. 2021)
(reviewing denial of a sentence reduction for abuse of discretion). First, he asserts
that the district court failed to conduct an “individualized inquiry” into his motion.
See United States v. Sims, 87 F.4th 917, 919 (8th Cir. 2023). Second, he contends
the district court’s analysis of the § 3553(a) factors gave outsized weight to the
nature and circumstances of his criminal conduct while ignoring his victimization
and rehabilitation in custody. Third, he argues that the court erred in finding that he
had not met his burden of establishing that he was no longer a danger to the
community.
We disagree. For one, the district court did not depart from our precedent in
evaluating Uribe’s motion. Although the district court mistakenly stated that the
Government opposed a sentence reduction, that error alone does not require reversal.
Here, the district court concluded that Uribe offered “extraordinary and compelling
reasons” for a reduction but rejected his motion based on its evaluation of the
§ 3553(a) factors and his dangerousness. That was sufficient under our precedent.
Compare United States v. Marcussen, 15 F.4th 855, 858-59 (8th Cir. 2021) (finding
no abuse of discretion where district court denied motion for sentence reduction, in
part, based on its evaluation of § 3553(a) factors even though the Government had
conceded existence of “extraordinary and compelling reasons”), with Sims, 87 F.4th
at 919-20 (concluding district court’s failure to address movant’s arguments
concerning his “extraordinary and compelling reasons” for reduction was an abuse
of discretion). Likewise, the district court did not abuse its “broad discretion” in
weighing the § 3553(a) factors. See Marcussen, 15 F.4th at 859. The district court
heard arguments concerning Uribe’s victimization and rehabilitation in custody and
properly weighed those factors against its views of his criminal conduct and
dangerousness. See United States v. Isler, 983 F.3d 335, 344 (8th Cir. 2020) (“[A]

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district court has wide latitude to assign weight to sentencing factors, and the district
court may give some factors less weight than a defendant prefers or more weight to
the other factors, but that alone does not justify reversal.” (citation modified)).
Lastly, considering Uribe’s violent pre-incarceration conduct and disciplinary record
while in custody, we discern no abuse of discretion in the district court’s conclusion
that Uribe failed to meet his burden of establishing his lack of dangerousness.
Accordingly, the judgment of the district court is affirmed.
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