United States v. Humphries
502 F. App'x 46
2d Cir.2012Background
- Anderson pled guilty in 2005 to conspiracy to distribute 50+ grams of crack and to distribution/possession with intent to distribute more than 14 grams.
- The district court originally sentenced him to 168 months' imprisonment.
- In 2009, following amendments to the Guidelines, the district court reduced his sentence to 135 months.
- After the Fair Sentencing Act was enacted, Anderson moved under 18 U.S.C. § 3582(c)(2) to reduce to the low end of the revised Guidelines range (87–108 months).
- The district court reduced to 120 months but held it could not go below the statutory minimum in effect at conviction and sentencing.
- The Second Circuit affirmed, holding the FSA does not retroactively apply to pre-August 3, 2010 offenders and that the revised Guidelines have no bearing on his sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the FSA retroactive for pre-Act offenders? | Anderson contends the FSA applies retroactively to permit a below-minimum sentence. | Government argues the FSA is not retroactive to pre-Act offenders. | No retroactive effect for pre-Act offenders. |
| Does Dorsey require retroactive application of the FSA to pre-Act offenders? | Anderson argues Dorsey mandates retroactive relief. | Government contends Dorsey does not alter pre-Act retroactivity. | Dorsey does not compel a different result for pre-Act offenders. |
| May a court reduce below the statutory minimum under § 3582(c)(2) after FSA considerations? | Anderson seeks a reduction below the then-applicable minimum based on revised Guidelines. | The statutory minimum at conviction/sentencing binds the sentence. | No, the sentence cannot fall below the mandatory minimum in effect at conviction. |
Key Cases Cited
- United States v. Williams, 551 F.3d 182 (2d Cir. 2009) (de novo review of statutory interpretation; retroactivity limits under § 3582(c)(2))
- United States v. Diaz, 627 F.3d 930 (2d Cir. 2010) (FSA not retroactive to pre-August 3, 2010 convictions)
- Dorsey v. United States, 132 S. Ct. 2321 (2012) (FSA's new lower minimums apply to post-Act sentencing of pre-Act offenders, not to those sentenced before the Act)