United States v. Darnell Black
2013 U.S. App. LEXIS 24299
| 4th Cir. | 2013Background
- Darnell Black pled guilty in 2006 to conspiracy to distribute >50 grams of crack and was sentenced in January 2007 to the statutory minimum of 120 months under 21 U.S.C. § 841(b)(1)(A).
- The Fair Sentencing Act (FSA) of 2010 raised the crack quantity thresholds that trigger statutory minimums, reducing the 10-year minimum from 50g to 280g and the 5-year minimum from 15g to 28g; effective August 3, 2010.
- The Sentencing Commission amended the Guidelines (Amendments 750, 759) to conform to the FSA and made those Guidelines amendments retroactive, but noted retroactive Guideline changes do not alter statutory mandatory minimums.
- Black moved under 18 U.S.C. § 3582(c)(2) (filed Oct. 18, 2012) to reduce his sentence, arguing the FSA’s reduced statutory minimums should apply because his § 3582(c)(2) proceeding occurred after the FSA’s effective date.
- The district court denied relief, relying on United States v. Bullard, holding the FSA does not apply retroactively to defendants sentenced before the FSA’s effective date.
- The Fourth Circuit affirmed: (1) the FSA statutory minimums do not apply retroactively to offenders both convicted and sentenced before Aug. 3, 2010; (2) a § 3582(c)(2) proceeding is not an initial sentencing to which Dorsey’s reasoning applies; and (3) § 3582(c)(2) relief is unavailable where the original sentence was a statutory mandatory minimum rather than based on a Guidelines range subsequently lowered by the Commission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FSA statutory minimums apply retroactively to defendants sentenced before Aug. 3, 2010 | FSA (via Dorsey reasoning) should apply to provide reduced mandatory minimums | FSA does not expressly make statutory minimums retroactive; Bullard controls | No — FSA statutory minimums do not apply retroactively to those sentenced before Aug. 3, 2010 |
| Whether Dorsey’s holding (applying FSA to defendants sentenced after the Act) requires applying FSA in a § 3582(c)(2) modification proceeding | A § 3582(c)(2) modification is a sentencing proceeding occurring after FSA, so Dorsey reasoning should apply | Dorsey addressed initial sentencing, not post‑sentencing modification; Dorsey does not mandate § 3582(c)(2) relief | No — § 3582(c)(2) proceedings are not equivalent to initial sentencing for Dorsey purposes |
| Whether a § 3582(c)(2) motion can reduce a statutorily mandated minimum imposed pre‑FSA when the Commission later lowered Guidelines | Because the Commission lowered Guidelines retroactively, § 3582(c)(2) can be used to apply FSA minima | § 3582(c)(2) only applies when the original sentence was "based on a sentencing range" later lowered by the Commission; statutory minimums are not Guidelines ranges | No — Black was ineligible because his original sentence was a statutory mandatory minimum, not a Guidelines range |
| Whether Bullard was overruled or limited by Dorsey to require a different result | Dorsey’s reasoning supports extending relief to § 3582(c)(2) movants sentenced before FSA effective date | Bullard remains controlling as to defendants sentenced before Aug. 3, 2010; Dorsey is narrower | Bullard controls; Dorsey did not overrule Bullard for pre‑Act sentenced defendants |
Key Cases Cited
- United States v. Bullard, 645 F.3d 237 (4th Cir. 2011) (held FSA does not apply retroactively to defendants sentenced before the Act)
- Dorsey v. United States, 132 S. Ct. 2321 (2012) (held FSA applies to defendants sentenced after the Act even if offense occurred before the Act)
- United States v. Munn, 595 F.3d 183 (4th Cir. 2010) (reasoned § 3582(c)(2) relief requires that the original sentence be based on a Guidelines range later lowered)
- United States v. Hood, 556 F.3d 226 (4th Cir. 2009) (held defendants serving statutory minimums are ineligible for § 3582(c)(2) reductions when minima are statutory)
- United States v. Mouzone, 687 F.3d 207 (4th Cir. 2012) (construed Dorsey and Bullard to apply FSA only to those sentenced after Aug. 3, 2010)
- United States v. Allen, 716 F.3d 98 (4th Cir. 2013) (reaffirmed Bullard’s limited scope; FSA applies to sentences imposed after its enactment)
- United States v. Berry, 701 F.3d 374 (11th Cir. 2012) (held § 3582(c)(2) modification hearings are not equivalent to initial sentencing under Dorsey)
- United States v. Hammond, 712 F.3d 333 (6th Cir. 2013) (same)
- United States v. Augustine, 712 F.3d 1290 (9th Cir. 2013) (same)
- United States v. Kelly, 716 F.3d 180 (5th Cir. 2013) (same)