United States v. Jason Foster
2013 U.S. App. LEXIS 2680
| 7th Cir. | 2013Background
- Foster pleaded guilty in 2008 to distributing more than 50 grams of crack cocaine and was sentenced to 130 months’ imprisonment under 21 U.S.C. §841(a)(1).
- In 2009 his appeal was dismissed as frivolous after an Anders brief was filed.
- After the Sentencing Commission lowered crack-cocaine guidelines retroactively, Foster moved under §3582(c)(2) for a reduced sentence; the district court reduced to 120 months but held it could not go below the statutory minimum in effect at the time of his offense.
- Foster argued under the Fair Sentencing Act of 2010 (FSA) that retroactive relief could reduce his sentence to 60 months.
- Moran, appointed to represent Foster, sought authority to be appointed at public expense; the court held the Criminal Justice Act does not authorize counsel for §3582 motions, and denied the motion.
- The court relied on Dillon v. United States and the distinction that §3582 proceedings are not full resentencing and that pre-2010 statutes controlled Foster’s case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to appoint counsel for §3582 motions | Foster argues appointment is authorized by CJA. | Court held CJA does not authorize such appointment for §3582. | Denied; no right to counsel for these motions. |
| Retroactivity of the Fair Sentencing Act for §3582 motions | FSA retroactive so §3582 could reduce to 60 months. | Pre-2010 statutes govern Foster; FSA retroactivity not applicable to §3582 in his case. | FSA retroactivity does not apply to Foster; not full resentencing. |
| Whether §3582 proceedings are resentencing | §3582 is a resentencing proceeding requiring application of post-Act changes. | Dillon holds §3582 limited to Guideline changes; not full resentencing. | Not a resentencing; only Guideline changes apply. |
| Effect of pre-2010 statutes on Foster's sentence | Dorsey and related analyses could lower the sentence under FSA retroactivity. | Foster sentenced in 2008; pre-2010 statutes govern; post-2010 changes limited by Dillon. | Pre-2010 cocaine statutes apply; Foster not covered by post-2010 reductions. |
Key Cases Cited
- Dorsey v. United States, 132 S. Ct. 2321 (Supreme Court 2012) (FSA retroactivity framework for post-2010 defendants)
- Dillon v. United States, 130 S. Ct. 2683 (Supreme Court 2010) (§3582 proceedings limit to Guideline changes, not resentencing)
- United States v. Forman, 553 F.3d 585 (7th Cir. 2009) (CJA does not require appointment of counsel for §3582 motions)
- United States v. Robinson, 697 F.3d 443 (7th Cir. 2012) (treatment of retroactive guideline reductions post-Dorsey)
- United States v. Berry, 701 F.3d 374 (11th Cir. 2012) (post-Dorsey retroactivity discussions in multiple circuits)