United States v. Williams
Opinion of the Court
COOK, J., delivered the opinion of the court, in which KETHLEDGE, J., joined. MERRITT, J. (pp. 1126-28), delivered a separate opinion concurring in the result.
OPINION
Defendant Sheldon Williams appeals from the district court’s order denying his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2). Because the career offender guidelines — not crack cocaine guidelines — controlled his original sentence, the district court lacked jurisdiction to resentence Williams under § 3582(c)(2). Accordingly, we affirm the denial of his motion.
I.
In 2005, Williams pleaded guilty to possession of 5 or more grams of cocaine base with intent to distribute and to being a felon in possession of a firearm. Applying the Drug Quantity Table then in effect, Williams’s crack cocaine offense carried a base offense level of 28. But his extensive criminal history earned him the career offender label pursuant to USSG § 4B1.1, which yielded an offense level of 37. Finding that Williams accepted responsibility for his actions, the court adjusted the offense level down to 34. With his criminal history category pegged at VI, the Sentencing Guidelines produced a range of 262 to 327 months’ imprisonment. After the government filed a § 5K1.1 motion for substantial assistance, the district court sentenced Williams to serve 140 months on the crack charge, concurrent with 120 months on the gun offense.
In 2007, the Sentencing Commission promulgated Amendment 706, which reduced by two the base offense level for most offenses involving crack cocaine, including Williams’s. Soon thereafter, Amendment 713 added Amendment 706 to the list of amendments in U.S. SG § 1B1.10(c), giving it retroactive effect.
Williams filed a motion under § 3582(c)(2) seeking a reduced sentence due to the retroactive amendment, which lowered the base offense level applicable to his crack cocaine conviction. In its order denying Williams’s resentencing motion, the district court stated:
The Defendant received a “non-guideline” sentence originally and the Court remains convinced it is an appropriate sentence. Therefore, IT IS HEREBY ORDERED that no reduction in sentence is allowed and all provisions of the Judgment and Commitment entered May 16, 2005, shall remain in full force and effect.
Williams timely appealed.
II.
Although not precisely clear, the order suggests that the district court believed that it possessed authority to resentence
As a purely legal issue, we review the threshold jurisdictional question de novo. United States v. Brown, 276 F.3d 211, 214 (6th Cir. 2002); see also United States v. Rhodes, 549 F.3d 833, 837 (10th Cir. 2008) (“The scope of a district court’s authority in a resentencing proceeding under § 3582(c)(2) is a question of law that we review de novo.”). “[Sjection 3582 sets forth a statutory basis for limiting the district courts’ jurisdiction” to modify a previously imposed sentence. United States v. Higgs, 504 F.3d 456, 464 (3d Cir. 2007). “Unless the basis for resentencing falls within one of the specific categories authorized by section 3582(c), the district court lack[s] jurisdiction to consider [the defendant’s] request.” United States v. Smartt, 129 F.3d 539, 541 (10th Cir. 1997). Finding that the district court lacked jurisdiction, we affirm the denial of the motion on that basis.
“A district court may modify a defendant’s sentence only as provided by statute.” United States v. Johnson, 564 F.3d 419, 421 (6th Cir. 2009). Section 3582(c)(2) “permits modification of a sentence only where the sentence was ‘based on a sentencing range that has subsequently been lowered by the Sentencing Commission.’” United States v. Parker, No. 08-6253, 2009 WL 4927949, at *1 (6th Cir. Dec.21, 2009) (quoting 18 U.S.C. § 3582(c)(2)).
Because the district court originally sentenced him using the career offender guideline, rather than the crack cocaine guideline,
III.
For these reasons, we affirm.
CONCURRING IN THE RESULT
. The concurrence takes the view that Williams’s career offender designation increased his total offense by 10 levels, from 27 to 37, and then reproaches us for ’’ignor[ing] the facts that the defendant’s guideline range was reached by consulting a number of different sentencing guidelines and policy statements.” But the career offender guidelines do not work this way. Career offender status simply specifies an offense level of 37 for offenses (like Williams’s) carrying a statutory maximum of life (unless the applicable offense level exceeds 37). So the district court did not determine Williams’s applicable guidelines range using the (later-amended) crack cocaine guidelines, but by applying the career offender guidelines, which, after adjustments, produced a range of 262 to 327 months (later reduced in response to the government's substantial assistance motion). The amendments to the crack cocaine guidelines did not affect that range, leaving Williams ineligible for a sentencing reduction.
. Citing United States v. McGee, 553 F.3d 225 (2d Cir. 2009), Williams argues that he was not, in fact, sentenced pursuant to the career offender guidelines because he received a downward departure that put his sentencing range where it would have been had the court instead employed the crack cocaine guidelines. But McGee is distinguishable. There, after calculating the defendant’s offense level using the career offender guidelines, the court explicitly found that the career offender classification overrepresented the defendant's
Concurring Opinion
concurring in the result.
18 U.S.C. § 3582(c)(2)
Williams subsequently requested the retroactive reduction in the base offense level for crack cocaine offenders and sought modification of his sentence under 18 U.S.C. § 3582(c)(2). When the defendant’s sentence was recalculated pursuant to the new crack guidelines, the recalculation memorandum reduced the total offense level from the 28 in the original calculation to 26, but found that the recalculation did not produce a lower guideline range due to defendant’s status as a career offender. Memorandum of Recalculation dated May 14, 2008 (Dist.Ct. R. 47). The district court subsequently denied the motion for modification in a brief order, stating that “Defendant received a ‘non-guideline’ sentence originally and the Court remains convinced it is an appropriate sentence.” Order dated Feb. 19, 2009 (Dist.Ct. R. 48).
The majority claims that “the district court sentenced [defendant] using the career offender guideline, rather than the crack cocaine guideline” and Williams, therefore, “would have been subject to the same sentencing range even if Amendment 706 existed at the time of his original sentence.... Accordingly, Williams’s sentence is not ‘based on a sentencing range that has subsequently been lowered by the Sentencing Commission.’ ” Maj. Op. at 1125 (citing to U.S.S.G. § 4B1.1, the career offender guideline). Citing language from the Third and Tenth Circuits, the majority concludes that the district court “lacked authority to reach the discretionary resentencing question.” Maj. Op. at 1126. Quoting from a Tenth Circuit opinion, United States v. Smartt, 129 F.3d 539, 541 (10th Cir. 1997), the majority writes “Unless the basis for resentencing falls within one of the specific categories authorized by section 3582(c), the district court lack[s] jurisdiction to consider [the defendant’s] request.” Maj. Op. at 1125.
The majority ignores the fact that the defendant’s guideline range was reached by consulting a number of different sentencing guidelines and policy statements, but the actual sentence originally imposed was decided by the district court, in its discretion, after looking at the range arrived at through calculation and all the factors listed in Section 3553(a). The district court undertook this duty and arrived at a sentence that was within the guideline range. After receiving defendant’s request for modification, the district court requested a recalculation of the guideline range and then, in its discretion, decided
To the extent that the majority relies on a policy statement or other language from the guidelines themselves, after United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), all guideline provisions, including career offender status, are advisory and a sentence cannot be “driven by” a particular Guideline provision. Any interpretation of Section 3582(c) that permits the Sentencing Commission to mandate sentences must be rejected.
Whatever may be the law respecting the district court’s authority to resentence Williams to a shorter sentence in light of the two-level reduction afforded to crack offenders under the revised guidelines, the district court appears to have assumed that it had that authority and simply chose not to exercise it in this case because it believed the 140-month sentence was correct. The district court understood that the language from Section 3582(c)(2) states that to have his sentence lowered, a defendant’s original sentence must be “based on a sentencing range that has been subsequently lowered by the Sentencing Commission.” It recognized that the original sentencing range was a continuum based on the drug quantity adjusted by an enhancement based on defendant’s career offender status and then readjusted based on his substantial assistance. After considering the case, including its possible constitutional authority under Booker and statutory authority under section 3553(a), the district court exercised its discretion in favor of the original sentence. I see no error in this approach and would affirm the judgment on that ground.
. 18 U.S.C. § 3582(c)(2), Imposition of a Sentence of Imprisonment, states in relevant part:
(c) Modification of an imposed term of imprisonment. — The court may not modify a term of imprisonment once it has been imposed except that—
(2) in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o), upon motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.
(Emphasis added.)
. The Supreme Court heard oral argument on. March 30, 2010, in a case that will decide whether Booker applies to Section 3582(c)(2) proceedings. United States v. Dillon, 572 F.3d 146 (3d Cir. 2009), cert. granted,-U.S.-, 130 S.Ct. 797,-L.Ed.2d-(2009). The question presented in Dillon is: "Whether the Federal Sentencing Guidelines are binding when a district court imposes a new sentence pursuant to a revised guideline range under 18 U.S.C. § 3582?”
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Sheldon WILLIAMS, AKA Ladon Sheldon Vaughn, Defendant-Appellant
- Cited By
- 25 cases
- Status
- Published