United States v. Brewer
1:08-cr-00067
N.D. IowaJun 11, 2015Background
- United States moved for a sentence reduction under 18 U.S.C. § 3582(c)(2) based on Amendment 782 to the USSG.
- Amendment 782 generally lowers base offense levels for drug quantities, potentially affecting eligible defendants.
- USSG §1B1.10 governs reductions under § 3582(c)(2) and ties eligibility to amendments listed in § 1B1.10(d).
- Amendment 782 was designated retroactive, with timing constraints that require an order to be issued on or after November 1, 2015 to permit a reduction.
- The court, however, concludes Amendment 782 cannot be applied to Brewer due to a statutory mandatory minimum sentence under 21 U.S.C. § 841(b)(1)(A).
- The court thus denies its own motion for a § 3582(c)(2) reduction and directs the clerk to notify relevant offices.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Amendment 782 is retroactively applicable to Brewer’s sentence under § 3582(c)(2). | Amendment 782 is retroactive under § 1B1.10 and applies to reductions. | Despite retroactive designation, timing and e(1) limits prevent reduction. | Not justified; Amendment 782 cannot be applied here. |
| Whether the statutory mandatory minimum precludes any § 3582(c)(2) reduction. | Mandatory minimums do not bar consideration under § 3582(c)(2) when amendments apply. | Mandatory minimum applies; no reduction possible. | Yes, the mandatory minimum precludes a reduction; denial affirmed. |
Key Cases Cited
- Dillon v. United States, 560 U.S. 817 (2010) (limits of § 3582(c)(2) reductions; not a plenary resentencing)
- United States v. Harris, 568 F.3d 666 (8th Cir. 2009) (no right to counsel for § 3582(c)(2) proceedings; hearing not required)
- United States v. Curry, 584 F.3d 1102 (8th Cir. 2009) (USSG §1B1.10(b) interpretation; eligibility tied to listed amendments)
- United States v. Bowman, 507 F. App’x 623 (8th Cir. 2013) (statutory minimums limit § 3582(c)(2) relief)
- United States v. Peters, 524 F.3d 905 (8th Cir. 2008) (mandatory minimums preclude reductions under § 3582(c)(2))
- United States v. Jones, 523 F.3d 881 (8th Cir. 2008) (same principle re: mandatory minimums)
- United States v. Byers, 561 F.3d 825 (8th Cir. 2009) (mandatory minimums must be considered in § 3582(c)(2) reductions)
- United States v. Burrell, 622 F.3d 961 (8th Cir. 2010) (clarifies process and scope of § 3582(c)(2) proceedings)