United States v. Darren Swangin
406 U.S. App. D.C. 437
| D.C. Cir. | 2013Background
- In April 2009 Darren Swangin pled guilty to possession with intent to distribute 63.9 grams of crack cocaine and was sentenced in June 2009.
- At sentencing the statutory mandatory minimum for ≥50 grams of crack was 120 months; the Guidelines range was 140–175 months. The district court imposed 125 months.
- The Fair Sentencing Act of 2010 (effective Aug. 3, 2010) raised the quantity threshold for the 120-month mandatory minimum from 50g to 280g and created a 60-month minimum for 28–279g.
- The Sentencing Commission amended the Guidelines and made those amendments retroactive under USSG Amendment 759. Swangin moved under 18 U.S.C. § 3582(c)(2) for a reduced sentence.
- The district court recalculated the Guidelines range to 100–125 months and reduced Swangin’s term to 120 months, concluding it could not go below the statutory 120-month mandatory minimum in effect at the time of his offense and original sentencing.
- Swangin appealed, arguing the Fair Sentencing Act’s reduced 60-month mandatory minimum should apply retroactively in his § 3582(c)(2) proceeding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Fair Sentencing Act's reduced statutory mandatory minimums (60 months for 28–279g) apply retroactively in a § 3582(c)(2) proceeding to a defendant sentenced before the Act's effective date | Swangin: § 3582(c)(2) reduction should permit application of the Act’s new 60-month mandatory minimum | Government: Fair Sentencing Act mandatory minimums do not apply to defendants sentenced before the Act’s effective date; § 3582(c)(2) is a limited adjustment, not a full resentencing | Court affirms: defendants sentenced before Aug. 3, 2010 cannot benefit from Fair Sentencing Act mandatory minimums in § 3582(c)(2) proceedings |
Key Cases Cited
- United States v. Bigesby, 685 F.3d 1060 (D.C. Cir. 2012) (Fair Sentencing Act does not apply to defendants sentenced before Act’s effective date)
- United States v. Fields, 699 F.3d 518 (D.C. Cir. 2012) (same; reconciles Dorsey with pre-Act sentenced offenders)
- Dillon v. United States, 130 S. Ct. 2683 (2010) (§ 3582(c)(2) authorizes only limited adjustments, not plenary resentencing)
- Dorsey v. United States, 132 S. Ct. 2321 (2012) (Fair Sentencing Act’s reduced minimums apply to defendants sentenced after Act’s effective date; acknowledged resulting disparities with pre-Act sentenced offenders)