United States v. Jonathan Cashaw
625 F.3d 271
5th Cir.2010Background
- Cashaw was arrested with his associate during a drug operation at a home within 1,000 feet of a middle school; 106.15 g crack cocaine and related drug paraphernalia were found.
- He was charged with aiding and abetting possession with intent to distribute at least 50 g of crack cocaine within 1,000 feet of a school and pleaded guilty.
- The PSR recommended a base offense level of 30, then career offender status under § 4B1.1 due to prior felonies, yielding an alternate offense level of 34 and a career-offender offense level of 37.
- With a criminal history category of VI, the PSR proposed a range of 262 to 327 months’ imprisonment under the Guidelines.
- At sentencing, Cashaw claimed a minor participant adjustment under § 3B1.2; the district court rejected this, holding that the career offender provision precluded any such downward adjustment, and sentenced Cashaw to 290 months.
- The court affirmed on review, applying the Guidelines sequence and holding that minor participant adjustment cannot be applied to the career offender provision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a minor participant adjustment can be applied to the career offender provisions | Cashaw argues the minor participant adjustment should apply | The district court and guidelines sequence preclude the adjustment | No; minor participant adjustment not allowed with career offender provision |
| Whether the Guidelines sequence supports applying adjustments after determining career offender status | Cashaw contends sequence allows post-career-offender adjustments | Guidelines require career offender adjustment before Chapter Three adjustments except for acceptance of responsibility | Yes; sequence precludes Chapter Three adjustments after § 4B1.1(a)–(b); district court correct |
Key Cases Cited
- United States v. Morales–Diaz, 925 F.2d 535 (1st Cir. 1991) (career-offender sequencing and adjustments)
- United States v. Perez, 328 F.3d 96 (2d Cir. 2003) (career offender adjustments and minor participation)
- United States v. Johnson, 155 F.3d 682 (3d Cir. 1998) (limitations on adjustments under career offender)
- United States v. Jeppeson, 333 F.3d 1180 (10th Cir. 2003) (explicitly discusses adjustments after career-offender status)
- United States v. Jeter, 329 F.3d 1229 (11th Cir. 2003) (per curiam on career-offender sequencing)