United States v. Daxtrell D. Robinson
2012 U.S. App. LEXIS 18803
| 7th Cir. | 2012Background
- Robinson pleaded guilty in 2005 to possessing 50 grams or more of crack cocaine, triggering a 20-year minimum due to a recidivism enhancement.
- The district court imposed the 20-year minimum sentence, with no related reductions.
- Robinson first moved under 18 U.S.C. § 3582(c)(2) to retroactively reduce his sentence based on Amendments 706 and 713, which did not change the statutory minimum.
- Three years later, he filed a second § 3582(c)(2) motion seeking retroactive application of the Fair Sentencing Act (FSA) to reduce the mandatory minimum from 20 to 10 years, which the district court denied.
- In 2012, Robinson sought relief again under amendments to the guidelines (Amendments 748/750) and the FSA, arguing a lower guideline range and possibly a lower minimum; the district court again denied.
- On appeal, the court held the FSA does not apply to pre-Act offenders like Robinson, so the 20-year minimum remains and § 3582(c)(2) relief is unavailable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Fair Sentencing Act applies to pre-Act offenders. | Robinson argues FSA lowers minimums for his pre-Act offense. | The FSA does not apply to pre-Act offenders; Dorsey limits relief. | FSA does not apply to pre-Act offenders; 20-year minimum remains. |
| Whether § 3582(c)(2) relief is available when a mandatory minimum remains in place. | Robinson seeks reduction under retroactive guideline amendments and FSA. | No relief if the minimum term remains unchanged by statute. | Relief denied; cannot relitigate when minimum term remains. |
Key Cases Cited
- United States v. Forman, 553 F.3d 585 (7th Cir. 2009) (guideline retroactivity under § 3582(c)(2) must lower range absent other mandatory minimum constraints)
- United States v. Poole, 550 F.3d 676 (7th Cir. 2008) (application note requires lowering of range to grant reduction)
- United States v. Osborn, 679 F.3d 1193 (10th Cir. 2012) (considerations for reductions when other provisions affect range)
- Dorsey v. United States, 132 S. Ct. 2321 (2012) (FSA's new, lower mandatory minimums apply to post-Act sentencing of pre-Act offenders)
- United States v. Baptist, 646 F.3d 1225 (9th Cir. 2011) (pre-Act offenders were generally not eligible for FSA relief)