United States v. Booker
1:13-cr-00050
N.D. OhioFeb 20, 2020Background
- Booker was convicted by a federal jury (Mar. 12, 2013) of attempted possession with intent to distribute 5+ kg of cocaine and sentenced to 200 months and five years supervised release (July 17, 2013).
- He was sentenced under the career-offender guideline, U.S.S.G. §4B1.1.
- Booker moved for a sentence reduction under 18 U.S.C. §3582(c)(2), and separately moved for compassionate release and appointment of counsel.
- Booker argued his prior convictions no longer qualify him as a career offender and sought release based on his prison conduct, personal growth, and rehabilitation.
- The Government opposed all motions; the court found the guideline range for career offenders had not been lowered and that rehabilitation alone cannot constitute an "extraordinary and compelling" reason for compassionate release.
- The court denied the §3582(c)(2) reduction, denied compassionate release, and denied appointment of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Booker is eligible for a sentence reduction under 18 U.S.C. §3582(c)(2) based on guideline changes | The Sentencing Commission has not lowered the career-offender range under §4B1.1; reduction ineligible | Recent precedent allegedly makes Booker’s prior convictions no longer qualify him as a career offender | Denied — Booker’s range was not lowered; career-offender status unchanged; challenge not cognizable in §3582(c)(2) (and not via §2255) |
| Whether compassionate release is warranted under 18 U.S.C. §3582(c)(1) for "extraordinary and compelling" reasons | Opposed — no extraordinary and compelling reason shown | Booker cites prison conduct, personal growth, and rehabilitation as the basis for release | Denied — rehabilitation alone is statutorily insufficient and no other extraordinary reason exists |
| Whether counsel should be appointed to assist Booker’s compassionate-release motion | Opposed — not necessary; court need not advance arguments for pro se litigant | Booker requests counsel but offers no basis showing necessity | Denied — no need given ineligibility for relief and Booker failed to show counsel required; pro se must brief claims |
Key Cases Cited
- United States v. Moody, [citation="397 F. App'x 201"] (6th Cir. 2010) (career-offender reclassification claim not cognizable on a §3582(c) motion)
- United States v. Bullard, 937 F.3d 654 (6th Cir. 2019) (defendant may not challenge career-offender classification on collateral review)
- Coleman v. Shoney's, Inc., [citation="79 F. App'x 155"] (6th Cir. 2003) (pro se litigants must advance developed arguments; court is not required to construct them)
