United States v. Malcolm Garrett, Jr.
2014 U.S. App. LEXIS 13284
6th Cir.2014Background
- Malcolm Garrett pleaded guilty under a Rule 11(c)(1)(C) plea agreement to conspiracy to distribute >50g crack cocaine and was sentenced to 151 months (bottom of the parties’ agreed guideline range 151–188 months).
- The plea agreement specified an "Agreed Guideline Range" of 151–188 months and capped the sentence at the top of that range, while recognizing a statutory mandatory minimum of 120 months.
- At sentencing the district court stated it agreed the 151–188 range “should be applied,” but said it would treat crack/powder disparity as 1:1, calculated a lower guideline range (41–51 months), then applied the 120-month statutory minimum and imposed a 31‑month variance to reach 151 months.
- Garrett moved under 18 U.S.C. § 3582(c)(2) after Amendment 750 (as made retroactive by Amendment 759) reduced crack offense levels; the district court denied relief, reasoning Garrett’s imposed sentence relied on a 120‑month range not lowered by the Commission.
- The Sixth Circuit considered whether Garrett’s sentence was “based on” a guideline range subsequently lowered and whether a reduction would be consistent with Sentencing Commission policy statements, reversing the district court and remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument (Garrett) | Defendant's Argument (Gov.) | Held |
|---|---|---|---|
| Whether Garrett’s sentence was “based on” a guideline range subsequently lowered by the Sentencing Commission for § 3582(c)(2) purposes | The plea agreement employed the 151–188 guideline range and capped the sentence, so the sentence is based on that range; Amendment 750 lowered that applicable range | The district court actually based the sentence on the 120‑month mandatory minimum (and a powder‑cocaine calculation); Amendment 750 did not lower that 120‑month floor | The court held the sentence was based, at least in part, on the 151–188 guideline range in the plea agreement and that Amendment 750 lowered that range, so § 3582(c)(2) eligibility is satisfied. |
| Whether a reduction would be consistent with the Sentencing Commission’s policy statements (U.S.S.G. §1B1.10) | Amendment 750 lowered Garrett’s applicable guideline range from 151–188 to 110–137 (pre‑min) and 120–137 (post‑min), so a reduction is consistent with §1B1.10 | Because the sentence included a 120‑month mandatory minimum that Amendment 750 could not reduce, relief is not consistent with the policy statement | The court held Amendment 750 did have the effect of lowering Garrett’s applicable guideline range and a reduction would be consistent with the Commission’s policy statements. |
Key Cases Cited
- United States v. Pembrook, 609 F.3d 381 (6th Cir. 2010) (defines “applicable guideline range” as the range from §1B1.1(a) before departures or variances)
- Freeman v. United States, 131 S. Ct. 2685 (2011) (Sotomayor concurrence: sentences under Rule 11(c)(1)(C) are "based on" the binding plea agreement and any guideline range the agreement employs)
- United States v. Hameed, 614 F.3d 259 (6th Cir. 2010) (examines whether a sentence was actually "based on" a subsequently lowered guideline range by looking to sentencing record)