United States v. Hardy
479 F. App'x 178
10th Cir.2012Background
- Hardy pleaded guilty to possession with intent to distribute crack cocaine in 2010 under 21 U.S.C. § 841(a)(1).
- He was sentenced to 96 months to run consecutively with other sentences in 2011; guideline base was 32 with 290 grams of crack.
- Initial presentence report lowered offense level for acceptance of responsibility; overall range 140–175 months with criminal history V.
- FSA enacted; district court abated sentencing; a revised report applied November 2010 guidelines but kept the same 140–175 month range; FSA not retroactive.
- Hardy filed a § 3582(c)(2) motion; district court denied because there was no guideline range reduction and the 18-to-1 ratio was not retroactive; appellate appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3582(c)(2) authorizes a sentence reduction despite unchanged guidelines range | Hardy contends his sentence should decrease since guidelines range didn't drop. | Hardy argues district court erred in not reducing sentence under § 3582(c)(2). | No reduction because range was not lowered. |
| Whether the district judge's remarks show bias affecting the ruling | Liteky implies bias could require reversal. | Remarks did not originate from extrajudicial sources and did not preclude decision. | Remarks did not demonstrate impermissible bias; no reversal on bias grounds. |
| Whether the FSA applies retroactively to Hardy's case | FSA retroactivity could allow a lower sentence or mandatory minimum issue. | FSA does not apply retroactively in this circuit. | FSA not retroactive; inapplicable to reduce sentence. |
Key Cases Cited
- Liteky v. United States, 510 U.S. 540 (U.S. 1994) (bias must be extrajudicial to warrant recusal)
- United States v. Williams, 575 F.3d 1075 (10th Cir. 2009) (scope of authority under § 3582(c)(2) de novo review)
- United States v. Lewis, 625 F.3d 1224 (10th Cir. 2010) (FSA not retroactive)
- United States v. Sidney, 648 F.3d 904 (8th Cir. 2011) (FSA retroactivity issue)
- United States v. Fisher, 635 F.3d 336 (7th Cir. 2011) (retroactivity of FSA considerations)
- United States v. Carradine, 621 F.3d 575 (6th Cir. 2010) (FSA retroactivity considerations)