United States v. Barney
2012 U.S. App. LEXIS 4594
| 3rd Cir. | 2012Background
- Defendant Clifton Barney pled guilty to possession with intent to distribute crack cocaine (>5 grams).
- Plea used March 27, 2006 guidelines; base offense level 32 under Crack Cocaine Guidelines; two prior felonies made him a Career Offender, removing to CH VI and base level 34.
- After three-point acceptance of responsibility, total offense level was 31 with CH VI, yielding 188–235 months guidance range.
- District Court downward-departed under § 4A1.3 for criminal history and under Crack Cocaine Guidelines, reducing to total offense level 29 and CH V, range 140–175; sentence 150 months.
- Barney appealed after 2010 Amendment 706; district court denied § 3582(c)(2) relief, holding pre-departure Career Offender range controlled.
- This Third Circuit affirmed, holding the applicable range is pre-departure, not post-departure Crack Cocaine range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 'applicable guideline range' is pre- or post-departure | Barney | United States | Pre-departure Career Offender range governs |
| Whether Amendment 706 lowers the applicable range for § 3582(c)(2) | Barney | United States | Amendment 706 does not lower the applicable range here |
Key Cases Cited
- United States v. Flemming, 617 F.3d 252 (3d Cir. 2010) (ambiguous 'applicable guideline range' for career offender; rule of lenity applied)
- United States v. Tolliver, 570 F.3d 1062 (8th Cir. 2009) (departure not to be treated as altering applicable range)
- United States v. Pembrook, 609 F.3d 381 (6th Cir. 2010) (departure effects on 'applicable range' discussed post-Flemming)
- United States v. Darton, 595 F.3d 1191 (10th Cir. 2010) (departure effects on 'applicable range' discussed post-Flemming)
- United States v. Blackmon, 584 F.3d 1115 (8th Cir. 2009) (departure vs. applicable range considerations for career offenders)