United States v. Adams
2011 U.S. App. LEXIS 9480
| 1st Cir. | 2011Background
- Adams pled guilty to being a felon-in-possession under 18 U.S.C. § 922(g)(1) and was sentenced on April 14, 2010 to 110 months.
- On April 7, 2010, the Sentencing Commission voted to eliminate the recency points in § 4A1.1(e); Amendment 742 became effective November 1, 2010.
- Amendment 742 is notretroactive in § 1B1.10(c); if it had applied, Adams would have CHC VI with a 100–120 month GSR, not 110–120.
- Adams argues the 110-month sentence is unreasonable because it was based on a GSR that depended on recency points now eliminated.
- The district court acknowledged Amendment 742 but did not adjust the sentence; it denied a downward variance.
- The district court’s reasoning cited Adams’s recidivism and potential career-offender sentencing; Adams challenged the reliance on pre-Amendment recency data.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sentence is unreasonable given Amendment 742’s changes | Adams | United States | No abuse of discretion; sentence affirmed |
| Whether district court abused discretion by relying on pre-Amendment GSR | Adams | United States | No abuse; district court treated guidelines properly |
| Whether Adams could be remanded for reconsideration in light of Amendment 742 | Adams | United States | Remand denied; no need to reconsider |
Key Cases Cited
- United States v. Bunchan, 626 F.3d 29 (1st Cir. 2010) (standard of review for sentence challenges)
- United States v. Godin, 522 F.3d 133 (1st Cir. 2008) (remand considerations after nonretroactive guideline changes)
- United States v. Ahrendt, 560 F.3d 69 (1st Cir. 2009) (remand considerations and guideline changes)