United States v. Aswan Scott
2013 U.S. App. LEXIS 6287
| 7th Cir. | 2013Background
- Scott pleaded guilty to distribution of 50+ grams of crack cocaine under Rule 11(c)(1)(C) with a binding sentence of 192 months.
- Plea agreement sought to induce dismissal of a 851 repeat-offender notice; prior felony drug conviction shown in record.
- Agreement stated no calculation of criminal-history score and did not produce a full guidelines range, but note base offense level was 34.
- District court accepted the plea and imposed the 192-month sentence, finding it binding and not tied to a guideline range.
- Scott later moved under 18 U.S.C. § 3582(c)(2) for a reduction based on Amendment 711; district court denied, noting no guideline-range reduction for binding plea.
- Scott filed a second § 3582(c)(2) motion seeking reduction under Amendment 750; district court used a boilerplate form order and denied relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Scott is eligible for §3582(c)(2) relief given a binding 11(c)(1)(C) plea | Scott argues binding plea can be reduced under amendment. | State that binding plea not tied to guideline range precludes relief. | Ineligible for reduction; binding plea not eligible under §3582(c)(2). |
| Whether the district court's form order impeded meaningful appellate review | Form order fails to explain reasoning for denial. | Form order reflects analysis under 3553(a). | Procedural defect noted, but outcome controlled by lack of eligibility; form error not dispositive. |
| Whether the plea agreement’s structure linked the sentence to a guideline range or required calculation, satisfying Freeman/Dixon exceptions | Amendment-based reduction could apply if linked to guideline range. | Agreement did not identify a guideline range or link the term to guidelines. | No such linkage; Freeman/Dixon exceptions not satisfied; no §3582(c)(2) relief. |
Key Cases Cited
- Freeman v. United States, 131 S. Ct. 2685 (2011) (binding plea not eligible for §3582(c)(2) relief absent guideline-range basis)
- United States v. Dixon, 687 F.3d 356 (7th Cir. 2012) (concurrence controls when plea not tied to guideline range)
- United States v. Weatherspoon, 696 F.3d 416 (3d Cir. 2012) (same principle for inapplicability of §3582(c)(2) relief on binding plea)
- United States v. Marion, 590 F.3d 475 (7th Cir. 2009) (some minimal explanation required for §3582(c)(2) appeal)
- Bjornson v. Astrue, 671 F.3d 640 (7th Cir. 2012) (boilerplate in agency decisions generally inadequate for review)