United States v. Lee
2011 U.S. App. LEXIS 15361
| 2d Cir. | 2011Background
- Lee pleaded guilty to four narcotics counts without a plea agreement.
- PSR objections included a claim that Lee threatened to kill drug couriers.
- A Fatico hearing was held, narrowed to the threats issue; the court found the threats occurred.
- At sentencing, government declined to move for the third-point § 3E1.1(b) reduction; Lee moved for it.
- District court sentenced Lee to 235 months, bottom of the advisory range; Lee appealed challenging procedural and substantive reasonableness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the government may withhold a § 3E1.1(b) motion based on factors related to a Fatico hearing | Lee | Lee | Government’s refusal unlawful; must grant if based on proper grounds |
| Impact of the government’s withholding on procedural reasonableness | Lee | Lee | Procedural error vacates sentence and remands for resentencing |
Key Cases Cited
- United States v. Cavera, 550 F.3d 180 (2d Cir.2008) (en banc standard for reasonableness review)
- United States v. Sloley, 464 F.3d 355 (2d Cir.2006) (government motion necessary for § 3E1.1(b) reduction; exceptions)
- United States v. Divens, 650 F.3d 343 (4th Cir.2011) (government cannot withhold motion based on preparation for proceedings)
- United States v. Beatty, 538 F.3d 8 (1st Cir.2008) (touchstone of § 3E1.1(b) centers on government motion)
- United States v. Johnson, 581 F.3d 994 (9th Cir.2009) (government cannot withhold motion for non-trial reasons)
- United States v. Eschman, 227 F.3d 886 (7th Cir.2000) (due process right to reliable PSR information)