United States v. Strand
Opinion of the Court
Defendants-Appellants Shevah Yarde and Jason Walton pled guilty to one count of conspiracy to distribute crack cocaine and one count of possessing a firearm in furtherance of a drug trafficking crime. The United States District Court for the Southern District of New York (Stein, J..) sentenced Yarde and Walton to a term of ten years’ imprisonment on the drug charge, to be followed by a consecutive term of five years’ imprisonment on the firearms charge.
On appeal, both defendants challenge the District Court’s conclusion that it lacked authority to adjust the ten-year mandatory minimum sentence on the drug charge to account for previously discharged state sentences. At sentencing, the defendants argued that their federal sentence on the drug charge should be adjusted pursuant to U.S.S.G. § 5G1.3(b) in a manner that accounts for their prior state sentences for offenses that were related to the instant case. Specifically, Yarde noted that he had served approximately 40 months in state custody for three prior state sentences that were related to the drug conspiracy at issue here and was released from prison in September 2003. Similarly, Walton indicated that he had completed two prior state sentences for related conduct. He was released in September 2001.
Under the circumstances of this case, where Yarde’s and Walton’s state sentences, for conduct “related” to that which is before us, were discharged long before their federal sentences were imposed (almost five and seven years, respectively), we conclude that the District Court lacked the authority to adjust their sentences below the statutorily mandated minimum term of imprisonment in order to reflect time that they had previously served. See United States v. Labeille-Soto, 163 F.3d 93, 99 (2d Cir. 1998).
Defendants also argue that the District Court’s imposition of a consecutive five-year sentence for their firearms conviction was improper in light of our recent decisions in United States v. Whitley, 529 F.3d 150 (2d Cir. 2008), and United States v. Williams, 558 F.3d 166 (2d Cir. 2009). They request a remand with instructions to resentence.
We deny their requests. Walton and Yarde both entered into valid plea agreements in which they waived their rights to appeal.
In response to this panel’s questions at oral argument, Walton and Yarde now request to withdraw their guilty pleas
We .have considered all of Yarde’s and Walton’s claims on appeal and find them either unpreserved or without substantial merit. Accordingly, we DISMISS their appeals and AFFIRM their sentences.
. We note that the Government conceded in its brief and at oral argument that only the WilliamsfWhitley argument was barred by the appellate waiver. See Government Brief, at 37 n.*
Reference
- Full Case Name
- United States v. Marvel STRAND, Marvin Strand, William Wainright, also known as Snag, Shad Estes, also known as Shag, Jonathan Gomez, Michael Augustin, also known as Smitty, Robert Speller, also known as Rob Low, Keith McKinney, also known as Bot, Demetrius Locus, Robert Brown, Donniece Masterson, Shevah Yarde, also known as Fat Cat, Jason Walton, also known as Playboy
- Cited By
- 2 cases
- Status
- Published