United States v. Boyd
2013 U.S. App. LEXIS 14202
| 10th Cir. | 2013Background
- Boyd convicted in D.N.M. (1999-2000) of drug conspiracy and possession with intent to distribute; 2001 sentencing used 1998 guidelines
- Base offense level 38 for 8 kg crack; obstruction raised to 40; criminal history category III
- Judge departed downward under §4A1.3, reducing CHC to I; resulting guideline range 292–365 months; sentenced to 300 months
- Amendment 750 (Nov. 1, 2011) retroactively increased crack thresholds; amended guidelines later reduce total offense level to 38
- Boyd moved for reduction; district court recalculated range using CHC III, sentenced to 292 months; appeal focusing on how departure affects amended range
- Court analyzes whether §4A1.3 departure is included in the amended guideline range under §1B1.10(b)(1)-(2)
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §4A1.3 downward departure is part of the amended range for §1B1.10 calculations | Boyd argues departure should be included, yielding 235–293 months | U.S.S.G. §1B1.10 defines amended range pre-departure; departures not included | No; downward departure is disregarded in the amended range |
Key Cases Cited
- United States v. Darton, 595 F.3d 1191 (10th Cir. 2010) (defines applicable guideline range as pre-departure range for §1B1.10)
- United States v. Mollner, 643 F.3d 713 (10th Cir. 2011) (relying on amendment to clarify that no departures are included in applicable range)
- United States v. Montanez, 2013 WL 2346409 (2d Cir. 2013) (per curiam; holds amended range excludes §4A1.3 departures)
- United States v. Hippolyte, 712 F.3d 535 (11th Cir. 2013) (agrees with reading that departures are not part of applicable range)
- United States v. Guyton, 636 F.3d 316 (7th Cir. 2011) (cites circuits’ views on when departures are considered in §1B1.10)