11th Circuit shows again that it is an outlier and the most conservative federal appellate court -- by a lot.

 This time the case is United States v. Thomas Bryant, a 2-1 decision, that holds -- contrary to 7 unanimous Circuit Court rulings -- although the First Step Act allows courts to decide compassionate release motions, they are not permitted to decide what compelling and extraordinary circumstances are.  Only BOP can do that, says the lone two judges in the country (Brasher wrote the opinion and Luck joined), who make up the majority opinion in this case.  

Judge Martin rightfully dissents and explains in her intro:

Today’s majority opinion establishes the Eleventh Circuit as the only circuit to limit an inmate’s ability to get compassionate release from incarceration solely to those “extraordinary and compelling” reasons that are pre-approved by the Bureau of Prisons (“BOP”). Our precedent now allows no independent or individualized consideration by a federal judge as plainly intended by the First Step Act. And this limitation on compassionate release is based on an outdated policy statement from a Sentencing Commission that has lacked a quorum since the First Step Act became law.1 The problems that arise from the majority’s reliance on the outdated policy statement are compounded by the majority’s express decision to strike (or ignore) language from the policy statement. Sadly, this result reinstates the exact problem the First Step Act was intended to remedy: compassionate release decisions had been left under the control of a government agency that showed no interest in properly administering it. With all respect due, I dissent. 

Let's see if the 11th Circuit takes the case en banc, which it obviously should when it is the one in a 7-1 split, or if the religious freedom issue is the only time a defendant will be able to get en banc review in the 11th.