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United States v. Booker
1:13-cr-00050
N.D. Ohio
Feb 20, 2020
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Background

  • 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)
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Case Details

Case Name: United States v. Booker
Court Name: District Court, N.D. Ohio
Date Published: Feb 20, 2020
Docket Number: 1:13-cr-00050
Court Abbreviation: N.D. Ohio