United States v. Guyton
2011 U.S. App. LEXIS 3440
| 7th Cir. | 2011Background
- Guyton was sentenced in 2001 for possessing crack with intent to distribute; two prior felonies made him a career offender under §4B1.1.
- At sentencing, the guideline range was 188–235 months based on career offender status.
- Due to substantial assistance, the government moved for and the district court granted a §5K1.1 downward departure, sentencing Guyton to 130 months.
- In 2007–2008, Amendments 706 and 713 lowered crack-cocaine base levels and made the change retroactive.
- Guyton moved under §3582(c)(2) seeking a sentence reduction; the district court denied, reasoning Amendment 706 did not benefit him because he was sentenced under the career offender guideline.
- The Seventh Circuit affirmed, holding the retroactive reduction is unavailable because the relevant range was established before any departure and was not retroactively lowered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §3582(c)(2) allows a reduction for a career offender sentenced with a substantial assistance departure | Guyton argues the crack guideline reduction should apply since his sentence fell within the range that would have applied absent career offender status. | The Government contends the applicable range is the pre-departure career offender range, which Amendment 706 did not retroactively lower. | No reduction; range established pre-departure controls. |
| What constitutes the 'applicable guideline range' for §3582(c)(2) in a career-offender with a §5K1.1 departure | The range should reflect the crack guideline range that later was lowered. | The range is the pre-departure career offender range, unaffected by the retroactive amendment. | Pre-departure career offender range governs. |
Key Cases Cited
- United States v. Forman, 553 F.3d 585 (7th Cir. 2009) (career offender crack-offender not eligible for 3582(c)(2) reduction)
- Dillon v. United States, 130 S. Ct. 2683 (2010) (retroactivity and policy statements bind courts in §3582(c)(2))
- Darton, 595 F.3d 1191 (10th Cir. 2010) (guidepost on §3582(c)(2) retroactive amendments)
- Tolliver, 570 F.3d 1062 (8th Cir. 2009) (§3582(c)(2) framework and retroactive ranges)
- Flemming, 617 F.3d 252 (3d Cir. 2010) (applicable range before 5K1.1 departure; over-representation departures treated differently)
- Munn, 595 F.3d 183 (4th Cir. 2010) (departure under 4A1.3 and applicability to §3582(c)(2))
- Cardosa, 606 F.3d 16 (1st Cir. 2010) (departure analyses and §3582(c)(2) scope)
- McGee, 553 F.3d 225 (2d Cir. 2009) (alternative treatments of departures pre-/post-Booker)
- Hameed, 614 F.3d 259 (6th Cir. 2010) (adheres to range established pre-departure for §3582(c)(2))