Eugene Lee Rushton v. State of Minnesota
2017 Minn. LEXIS 36
| Minn. | 2017Background
- Eugene Rushton, a repeat sexual offender, pleaded guilty to one count of first-degree criminal sexual conduct and, because of prior convictions, was subject to a mandatory life sentence with possibility of release under Minn. Stat. § 609.3455.
- At plea, parties agreed Rushton would be eligible for supervised release after 300 months; the district court imposed life with supervised-release eligibility after 300 months.
- Court of Appeals affirmed conviction but remanded because the specified minimum term (300 months) exceeded the presumptive guidelines range (153–216 months); on remand the district court set the minimum term at 216 months.
- Rushton moved to correct sentence arguing that “minimum term of imprisonment” (in § 609.3455, subd. 5) means two-thirds of the executed (presumptive) sentence (i.e., 144 months), relying on Minn. Sent. Guidelines 1.B.7 / Minn. Stat. § 244.101.
- The postconviction court and Court of Appeals rejected Rushton’s interpretation; the Minnesota Supreme Court granted review to decide the statutory meaning of “minimum term of imprisonment.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether “minimum term of imprisonment” in Minn. Stat. § 609.3455, subd. 5, means two-thirds of a presumptive guidelines sentence | Rushton: phrase is a term of art defined by Minn. Sent. Guidelines 1.B.7 and § 244.101, i.e., two-thirds of executed sentence (so minimum should be 144 months) | State: subdivision 5 directs a minimum term “based on the sentencing guidelines or any applicable mandatory minimum,” meaning any sentence within the presumptive range unless a departure or mandatory minimum controls | The phrase is not two-thirds of the presumptive guideline; it means any sentence within the presumptive guidelines range (or applicable mandatory minimum, whichever is greater); 216 months affirmed |
Key Cases Cited
- State v. Hodges, 784 N.W.2d 827 (Minn. 2010) (interpreting whether § 609.3455’s reference to “any applicable mandatory minimum sentence” included the mandatory life sentence; directs use of guidelines to specify minimum term)
- State v. Leathers, 799 N.W.2d 606 (Minn. 2011) (held “full term of imprisonment” ambiguous and adopted two-thirds definition in § 244.101 for that statute)
- State v. Jones, 848 N.W.2d 528 (Minn. 2014) (explained that sentencing guidelines are followed unless contrary to statute; guidelines comments are advisory)