United States v. Adrian Sanchez Heredia
688 F. App'x 283
| 5th Cir. | 2017Background
- Adrian Estaban Sanchez Heredia pleaded guilty to conspiracy to possess cocaine with intent to distribute and was sentenced to 262 months imprisonment plus five years supervised release.
- He moved under 18 U.S.C. § 3582(c) for a sentence reduction based on amended Guidelines; the district court found the amended Guidelines range to be 168–210 months.
- The district court granted a reduction but imposed a 240‑month sentence, which is above the amended Guidelines range.
- The district court denied Sanchez Heredia leave to proceed in forma pauperis (IFP) on appeal, certifying the appeal was not taken in good faith.
- Sanchez Heredia moved in the Fifth Circuit for leave to proceed IFP, challenging the district court’s bad‑faith certification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a district court may reduce a sentence to a term above the amended Guidelines range when granting § 3582(c) relief | Sanchez Heredia: district court may not impose a sentence outside (above) the amended Guidelines range | Government: § 1B1.10(b)(2)(A) only forbids reductions below the amended minimum; courts may decline to reduce or impose a sentence above the amended range | The appeal is frivolous; § 1B1.10(b)(2)(A) prohibits only reductions below the amended minimum and a district court may impose a sentence above the amended range or decline to reduce altogether; IFP denied and appeal dismissed |
Key Cases Cited
- Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997) (standards for IFP and good‑faith certification on appeal)
- Carson v. Polley, 689 F.2d 562 (5th Cir. 1982) (financial eligibility and nonfrivolousness requirements for IFP)
- Howard v. King, 707 F.2d 215 (5th Cir. 1983) (definition of nonfrivolous appeal for IFP purposes)
- United States v. Evans, 587 F.3d 667 (5th Cir. 2009) (district court has no obligation to reduce sentence even if defendant is eligible)