United States v. Martin
704 F. App'x 34
| 2d Cir. | 2017Background
- Defendant Jerrod Martin was convicted by jury of one count of misdemeanor interference with a federal officer under 18 U.S.C. § 111.
- District court sentenced Martin to 12 months’ imprisonment, to run consecutively to a separate 150-month sentence he was already serving.
- At sentencing Martin argued for a downward adjustment for acceptance of responsibility, citing an offer to plead guilty to simple assault that the government declined.
- Martin declined to speak with the probation officer preparing the PSR and did not address the court at sentencing.
- Martin also sought a downward departure based on the conduct of others involved in the incident.
- The Second Circuit reviewed the sentence for procedural and substantive reasonableness and affirmed the district court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Acceptance of responsibility adjustment | Government: district court properly denied an adjustment where defendant proceeded to trial and did not demonstrate acceptance | Martin: offered to plead guilty to a lesser charge and thus should receive the adjustment | Court: Affirmed denial; sentencing judge entitled to deference and record showed lack of acceptance (trial, refusal to speak to PSR, silence at sentencing) |
| Downward departure for conduct of others | Government: district court within broad discretion to refuse departure | Martin: conduct of others warranted lower sentence | Court: Affirmed; refusal to depart is discretionary and appellant did not show misapplication of Guidelines or that judge misunderstood departure authority |
Key Cases Cited
- Friedberg v. United States, 558 F.3d 131 (2d Cir. 2009) (sets out procedural and substantive reasonableness review)
- Cossey v. United States, 632 F.3d 82 (2d Cir. 2011) (examples of procedural sentencing error)
- Hirsch v. United States, 239 F.3d 221 (2d Cir. 2001) (plea offer does not automatically entitle defendant to acceptance-of-responsibility adjustment)
- Reyes v. United States, 9 F.3d 275 (2d Cir. 1993) (sentencing judge is better positioned to assess contrition and candor)
- Young v. United States, 811 F.3d 592 (2d Cir. 2016) (district court’s refusal to depart is within broad discretion and rarely reversed)