500 F. App'x 407
6th Cir.2012Background
- Stanley pleaded guilty in 2006 to distribution and possession with intent to distribute crack cocaine; total crack quantities 108.62 grams.
- Sentenced in 2008 with a 240-month statutory mandatory minimum under 21 U.S.C. § 841(b)(1)(A) due to >50 grams and a prior felony drug conviction.
- FSA signed in 2010 reduced mandatory minimum for current offenders; guidelines amendments effective 2010–2011.
- Stanley moved in 2011 under 18 U.S.C. § 3582(c)(2) and the FSA for a sentence reduction to 120 months.
- District court denied the motion, ruling the reduction could not apply to a sentence based on a statutory minimum, not a Guidelines range.
- Court of appeals affirmed, holding FSA does not apply retroactively to someone sentenced before its enactment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence was eligible for a § 3582(c)(2) reduction. | Stanley seeks reduction to 120 months under FSA/§ 3582(c)(2). | Sentence was based on a statutory minimum, not a Guidelines range, so § 3582(c)(2) does not apply. | Ineligible for reduction. |
| Whether the FSA applies retroactively to Stanley. | FSA should retroactively reduce to 120 months. | FSA does not apply to defendants sentenced before its enactment. | FSA does not apply retroactively to Stanley. |
Key Cases Cited
- United States v. Hameed, 614 F.3d 259 (6th Cir. 2010) (two-step inquiry for § 3582(c)(2) eligibility; min-based sentences cannot be reduced under the Guidelines framework)
- Dorsey v. United States, 132 S. Ct. 2321 (S. Ct. 2012) (FSA retroactivity applies to offenders who committed offenses before Aug. 3, 2010 but were sentenced after)
- United States v. Johnson, 569 F.3d 619 (6th Cir. 2009) (standard of review for 3582(c)(2) determinations)
- United States v. Shull, 793 F. Supp. 2d 1048 (S.D. Ohio 2011) (district court addressed retroactivity concerns under FSA)