423 F.Supp.3d 13
W.D.N.Y.2019Background
- In 2007 Davis was charged in a conspiracy to distribute cocaine and cocaine base; he pleaded guilty in 2009 to a conspiracy involving 50 grams or more of crack cocaine.
- The government filed a § 851 information establishing a prior drug conviction, exposing Davis to a mandatory minimum 240‑month sentence.
- At sentencing (2009) Davis received the statutory mandatory minimum of 240 months (Guidelines range 240–293 months).
- Davis moved under Section 404 of the First Step Act (Feb. 2019) seeking a reduced sentence based on the Fair Sentencing Act’s revisions to crack cocaine thresholds.
- The Probation Office recalculated Davis’s Guidelines under the Fair Sentencing Act: offense level 33, CHC II, range 151–188 months; Probation recommended relief.
- The court found Davis had served ~136 months with good conduct, no major disciplinary history, and granted relief, reducing imprisonment to time served and supervised release to 8 years.
Issues
| Issue | Davis's Argument | Government's Argument | Held |
|---|---|---|---|
| Proper procedural vehicle under First Step Act | First Step Act permits full, plenary resentencing (hearing, broad consideration) | Relief is limited to a sentence modification under 18 U.S.C. § 3582(c)(1)(B) | § 3582(c)(1)(B) governs; Act permits a reduced sentence but not full resentencing |
| Eligibility for First Step Act relief | Davis: convicted before Aug. 3, 2010 of statutes whose penalties were modified, so eligible | Gov: actual conduct (1.5–4.5 kg) would still trigger § 841(b)(1)(A) penalties, so not eligible | Eligibility is determined by statute of conviction, not actual conduct; Davis is eligible |
| Scope of court’s review when reducing sentence | Court may consider conduct and appropriate sentence under recalculated Guidelines | Court should only impose a reduced sentence consistent with Fair Sentencing Act and § 3582 | Court may recalculate Guidelines and exercise discretion, but not conduct plenary resentencing |
| Whether reduction is warranted here | Davis sought 151 months (low end) or time served | Gov opposed full reduction to low end; argued sentencing discretion remains | Court exercised discretion and granted reduction to time served and reduced supervised release to 8 years |
Key Cases Cited
- Dorsey v. United States, 567 U.S. 260 (2012) (explains Fair Sentencing Act changes to crack cocaine thresholds and retroactivity principles)