United States v. Terrence Smith

── United States v. Terrence Smith ── Court: Court of Appeals for the Eleventh Circuit Date: June 02, 2026 Category: NEW USCA11 Case: 25-13361 Document: 25-1 Date Filed: 06/02/2026 Page: 1 of 7 FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-13361 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TERRENCE SMITH, a.k.a. Terry, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:99-cr-00903-PCH-4 ____________________ Before ABUDU, TJOFLAT, and ANDERSON, Circuit Judges. PER CURIAM: In 2001, the District Court sentenced Terrence Smith to life imprisonment for firebombing two storefronts, resulting in the USCA11 Case: 25-13361 Document: 25-1 Date Filed: 06/02/2026 Page: 2 of 7 2 Opinion of the Court 25-13361 death of one occupant and non-fatal injuries to other occupants. More than twenty years later, Smith filed a motion for compassion- ate release pursuant to 18 U.S.C. § 3582(c)(1)(A). The District Court denied his motion, concluding that there were no extraordi- nary and compelling circumstances warranting his release and that the 18 U.S.C. § 3553(a) factors weighed heavily against his release. Finding that the District Court did not err in denying his motion, we affirm. I. BACKGROUND On March 23, 1993, Smith and a co-conspirator burned down Lucille’s Market in Miami, Florida, by throwing a firebomb into the storefront. Several months later, on July 23, 1993, Smith and two co-conspirators burned down B&B Fish Market in Pom- pano Beach, Florida, also by throwing a firebomb into the store- front. This time, the arson attack resulted in the death of an occu- pant and non-fatal injuries to other occupants. A federal grand jury indicted Smith on two counts: Count 1, damaging and destroying buildings used in interstate commerce by means of fire and explosives, and Count 2, arson. The jury found Smith guilty on both counts. It also returned a special verdict find- ing that personal injury and death had occurred because of the charged offenses. The Probation Office calculated a base offense level of 43 and a criminal history category of VI because Smith was a career offender. On July 30, 2001, the District Court sentenced Smith to USCA11 Case: 25-13361 Document: 25-1 Date Filed: 06/02/2026 Page: 3 of 7 25-13361 Opinion of the Court 3 concurrent terms of 60 months’ imprisonment on Count 1 and life imprisonment on Count 2. On June 22, 2025, Smith filed a motion for reduction in sen- tence pursuant to § 3582(c)(1)(A). In support of his motion, Smith argued that his youth1 at the time of his offense, his moral develop- ment while incarcerated, his unusually long sentence, and the cir- cumstances of his upbringing warranted compassionate release. The District Court denied his motion, finding that a reduction in sentence was not warranted. Smith now timely appeals, raising largely the same issues on appeal as he did in the District Cou