866 F.3d 674
5th Cir.2017Background
- In 1994 Maxon Harvey Morgan was convicted of conspiring to import >500 kg of cocaine and sentenced to 432 months (adjusted offense level 42; base level 40).
- In 1996 Morgan moved under 18 U.S.C. § 3582(c)(2) seeking a two-level reduction under U.S.S.G. Amendment 505; the district court recognized Amendment 505 lowered the guideline range but denied a sentence reduction after applying 18 U.S.C. § 3553(a) factors.
- Morgan’s sentence was later reduced to 408 months in 2009 for substantial assistance.
- Amendment 782 (effective Nov. 1, 2014) generally reduced drug base-offense levels by two; Morgan moved again under § 3582 seeking a two-level reduction based on Amendment 782.
- The district court denied the 2014 motion as ineligible, reasoning Amendment 782 produced no change to Morgan’s applicable base-offense level; Morgan appealed.
- The Fifth Circuit affirmed, holding Morgan’s base-offense level had already been lowered to 38 by Amendment 505, so Amendment 782 did not further lower his guideline range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Amendment 782 lowered Morgan’s applicable Guidelines range so § 3582(c)(2) relief is available | Morgan: Because the district court refused relief under Amendment 505, his base level remained 40 until 2014; Amendment 782 therefore first lowered it to 38 | Government: Amendment 505 already lowered Morgan’s base-offense level to 38 as a matter of Guidelines law; Amendment 782 left it unchanged, so § 3582 relief is unavailable | Held: Amendment 505 had already reduced Morgan’s base level to 38; Amendment 782 did not further lower his range, so he was ineligible for a § 3582(c)(2) reduction |
Key Cases Cited
- United States v. Henderson, 636 F.3d 713 (5th Cir. 2011) (standard of review for § 3582 motions)
- United States v. Smith, 417 F.3d 483 (5th Cir. 2005) (abuse of discretion definition)
- United States v. Jones, 596 F.3d 273 (5th Cir. 2010) (de novo review on district court authority under § 3582)
- Dillon v. United States, 560 U.S. 817 (2010) (two-step inquiry for § 3582(c)(2) motions)
- United States v. Bowman, 632 F.3d 906 (5th Cir. 2011) (defendant must show the amendment lowered the applicable guideline range)
- United States v. Ramos, [citation="653 F. App'x 819"] (5th Cir. 2016) (explaining Amendment 505’s effect on the Drug Quantity Table)