United States v. Wells
Opinion of the Court
OPINION OF THE COURT
Defendant Tyrone Wells appeals his sentence of 143 months’ imprisonment, arguing that the District Court erroneously believed that the Sentencing Guidelines were mandatory. Although Wells acknowledges that the District Court properly applied a recently-enacted amendment to the Guidelines that permits a two-point reduction in his base offense level based on the crack-cocaine disparity,
The unique history of this case, which is before our Court for the fourth time in five years, deserves some discussion. In April 2004, Wells pled guilty to conspiracy to possess, with intent to distribute, 50 grams or more of crack cocaine in violation of 21 U.S.C. § 846. Treating the Sentencing Guidelines as mandatory, the District Court sentenced Wells to a term of 210 months’ imprisonment. Following the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), we vacated Wells’s sentence and remanded for reconsideration in light of Booker. See United States
In Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007), the Supreme Court stated that, “Regardless of whether the sentence imposed is inside or outside the Guidelines range, the appellate court must review the sentence under an abuse-of-discretion standard.” The Court explained, further, that this standard governs both the “procedural soundness” of a sentence and its “substantive reasonableness.” Id. Wells’ appeal implicates the former issue — the procedural propriety of his sentence.
In United States v. Gunter, we held that a District Court commits procedural error when it imposes a sentence under a belief that it lacks discretion to consider the crack-cocaine disparity. 462 F.3d 237, 248 (3d Cir. 2006). Wells contends that the District Court assumed — erroneously— that its discretion to depart from the Guidelines based on the crack-cocaine disparity was limited to the two-point reduction prescribed in the November 2007 amendment to the Guidelines, and that a further reduction in Wells’s sentence was impermissible. For his position, Wells relies on Judge Caldwell’s statement during re-sentencing, “I’m sorry that I have to send you back to prison, but my hands are pretty much tied.” A. 64. Wells contends that the Court’s reasoning contravenes Kimbrough, which made clear that the Guidelines are advisory, that the November 2007 amendment merely effected a “partial remedy” for the crack-cocaine disparity, and that a further reduction in a defendant’s sentence may be warranted under § 3553(a) in certain circumstances. 128 S.Ct. at 561.
We find it especially unlikely that Judge Caldwell misapprehended his discretion to depart from the Guidelines because we vacated Wells’ prior sentence precisely on that ground, stating, “[W]e have no basis on which to conclude that the District Court understood that it had discretion to consider the crack/eocaine disparity in imposing the sentence on Wells.” United States v. Wells, 279 Fed.Appx. 100, 103 (3d Cir. 2008). The District Court signaled its awareness of this issue on remand. A. 61. Further, in our order remanding the case, we specifically cited Kimbrough, which held that the November 2007 amendment authorized — but did not limit a district court’s authority — to reduce a defendant’s sentence to reflect the crack-cocaine disparity. The District Court’s discretion to depart from the Guidelines range, moreover, was stressed by the government and defense counsel at the sentencing hearing. A. 56, 60.
For the foregoing reasons, we will affirm the judgment of the District Court.
. The 2007 Amendments to the Sentencing Guidelines had the effect of reducing, by two points, the base offense level for all crack offenses. Compare U.S. Sentencing Guidelines Manual § 2Dl.l(c)(4) (2002) (amended Nov. 2007), with U.S.S.G. § 2D1.1(c)(5).
. The District Court exercised jurisdiction under 18 U.S.C. § 3231, and our jurisdiction is proper under 28 U.S.C. § 1291.
. Wells also contends that he is entitled to a new sentencing hearing because the District Court failed adequately to consider the § 3553(a) factors at his re-sentencing. Our remand, however, was narrow in scope. We directed the District Court solely to determine whether the crack-cocaine disparity warranted a reduction in Wells’s sentence under Kim-brough, 128 S.Ct. 558. We did not identify any other deficiency in the Court's original analysis of the § 3553(a) factors, the adequacy of which is not disputed on appeal. Accordingly, the District Court did not err in confining its inquiry on remand to the crack-cocaine disparity.
. For example, Defense counsel specifically argued,
Because this is a complete resentencing, Your Honor, the court does have the discretion to not only consider this two-level reduction that’s been put into place by the sentencing commission, but all of the factors pursuant to 18 U.S.C. § 3553(a). As the Court recognized in Kimbrough, Your Honor, one of the, couple of portions from that opinion that the modest amendment which became effective on November 1, 2007[,] yields sentences for crack offenses between two and five times longer than sentences for equal amounts of powder. The commission thus noted that it is only a partial remedy to the problems generated by the crack/powder disparity, and the court then went on to state that given the commission's departure from its empirical approach in formulating the crack guidelines and its subsequent criticism of the crack/powder disparity, it would not be an abuse of discretion to conclude when sentencing a particular defendant that the crack/powder disparity yields a sentence greater than necessary to achieve section 3553(a)'s purposes, even in a mine-run case.
A. 56-57.
Reference
- Full Case Name
- United States v. Tyrone WELLS
- Status
- Published