United States v. Frierson
669 F. App'x 943
| 10th Cir. | 2016Background
- Frierson pled guilty in 2006 to distributing cocaine under 21 U.S.C. § 841(a)(1).
- The district court initially sentenced him to 220 months based on a 235–293 month Guidelines range.
- In 2012, the court reduced the sentence to 200 months under § 3582(c)(2) due to a lowered Guidelines range (188–235).
- In 2016, the court further reduced the sentence to 188 months based on an amended range of 151–188 months.
- Frierson argues the 188-month reduction was an abuse of discretion and requests 160 months.
- The panel affirms, citing prison disciplinary infractions as a proper factor and Osborn v. United States as controlling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 188 months was an abuse of discretion | Frierson seeks 160 months as proportionate. | Frierson's 188 months within the amended range was permissible. | No abuse; 188 months within discretion. |
| Whether disciplinary history forecloses further reduction | Not raised here beyond steps toward rehabilitation. | Disciplinary infractions justify keeping 188 months. | Disciplinary records supported the decision. |
| Proper application of § 3582(c)(2) in successive reductions | Reductions should reflect proportionate relation to prior sentence. | District court may reduce within newly applicable ranges without error. | District court did not err in applying subsequent range reductions. |
Key Cases Cited
- United States v. Osborn, 679 F.3d 1193 (10th Cir. 2012) (presence of prison disciplinary reports can justify denying § 3582(c)(2) relief)
- United States v. Dorrough, 84 F.3d 1309 (10th Cir. 1996) (margin of discretion in sentencing under § 3582(c)(2))
- Moothart v. Bell, 21 F.3d 1499 (10th Cir. 1994) (clear error or excess of permissible choice standard)