United States v. Epps
2010 U.S. Dist. LEXIS 135978
D.D.C.2010Background
- Defendant Ricardo E. Epps pleaded guilty to conspiracy to distribute and to possess with intent to distribute crack cocaine; plea agreement pursuant to Rule 11(e)(1)(C) led to a negotiated sentence of 188 months.
- Had the plea not been entered, the drug quantity would have placed him at Offense Level 38 with a guideline range of 210–262 months after a three-level acceptance adjustment would yield Level 35, CH III.
- The plea agreement resulted in a sentence 22 months below the bottom of the then-applicable crack guidelines range.
- Defendant moved for a § 3582(c)(2) sentence reduction based on Amendments 706 and 711 (retroactive reductions for crack cocaine offenses), which would lower the base offense level and presumably the guideline range.
- The government opposed the motion; the court denied the motion, concluding the sentence was not “based on” the amended crack guidelines or tied to the guideline range, given the binding plea agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant is eligible for a sentence reduction under §3582(c)(2). | Epps argues the sentence was based on a lowered guideline range due to Amendments 706/711. | Government contends the sentence was tied to a binding plea agreement, not the guidelines. | Not eligible; no basis that sentence was 'based on' the lowered guideline range. |
| Whether the Rule 11(c)(1)(C) plea agreement allows modification under §3582(c)(2). | Sentence could be modified because it was tied to the guidelines. | Sentence was set by the plea agreement, not the guidelines, and cannot be modified. | Ineligible; the sentence was not shown to be based on the amended guidelines. |
Key Cases Cited
- United States v. Berry, 618 F.3d 13 (D.C. Cir. 2010) (eligibility requires lowered guideline range and consistency with policy statements)
- United States v. Cook, 594 F.3d 883 (D.C. Cir. 2010) (definition of 'based on' guideline range for §3582(c)(2) eligibility)
- United States v. Cobb, 584 F.3d 979 (4th Cir. 2009) (sentence under Rule 11(c)(1)(C) can be modifiable if tied to guidelines at every step)
- United States v. Heard, 359 F.3d 544 (D.C. Cir. 2004) (dicta on whether Rule 11(e)(1)(C) sentences rest on guidelines)
- United States v. Franklin, 600 F.3d 893 (7th Cir. 2010) (dealings where sentence is tied to guideline range may support modification)