United States v. Derrick Hammond
2013 U.S. App. LEXIS 6872
| 6th Cir. | 2013Background
- Hammond, a federal prisoner, was convicted in 2007 by jury of possession with intent to distribute cocaine base.
- PSR showed a 120-month mandatory minimum and a total offense level of 34, criminal history II, yielding 168–210 months guidance.
- At sentencing the court found no two-level firearm enhancement and that CH II overrepresented Hammond's history, resulting in a 121–151 month guideline range; judgment imposed 121 months on Feb. 25, 2008.
- In 2012 Hammond moved for a sentence reduction under 18 U.S.C. § 3582(c)(2) and the Fair Sentencing Act (FSA) amendments retroactive as of Nov. 1, 2011.
- Probation proposed reducing Hammond to a 120‑month term under the amended guidelines (level 30, 120–135 months, mandatory minimum 120); the district court reduced to 120 months.
- The district court’s 120-month reduction became the judgment on remand, which Hammond appeals as improper under § 3582(c)(2) and the FSA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court lacked authority to reduce to 60 months under § 3582(c)(2). | Hammond argues Dorsey extends new FSA penalties to reductions. | The government contends only retroactive guideline amendments can drive reductions. | Affirmed; court cannot reduce to 60 months; no retroactive FSA amendment to the original 120-month minimum. |
Key Cases Cited
- United States v. Houston, 529 F.3d 743 (6th Cir. 2008) (scope of authority to modify sentences under § 3582(c)(2))
- United States v. Ross, 245 F.3d 577 (6th Cir. 2001) (statutory modification framework for reductions)
- United States v. Freeman, 131 S. Ct. 2685 (2011) (substitution of retroactive amendments in § 3582(c)(2) context)
- Dorsey v. United States, 132 S. Ct. 2321 (2012) (applies new penalties to post-Act defendants in direct appeals; limits § 3582(c)(2) reach)
- United States v. Mundy, 486 F. App’x 598 (6th Cir. 2012) (FSA not retroactive to defendants whose sentences were modified after the Act’s date)
- United States v. Finley, 487 F. App’x 260 (6th Cir. 2012) (FSA retroactivity limitations in § 3582(c)(2) context)
- United States v. Carradine, 621 F.3d 575 (6th Cir. 2010) (FSA, retroactivity constraints in reductions)