United States v. Mitchell Smalls
2013 U.S. App. LEXIS 12476
| 4th Cir. | 2013Background
- Smalls was convicted in 1996 of conspiracy to import cocaine and sentenced to life.
- 2008 reduction under § 3582(c)(2) based on crack amendments lowered Guideline range to 324–405 months; he received 405 months.
- 2011 Smalls moved again under Amendment 750; argued drug quantity should not have included cocaine base; requested 210 months.
- District court asked Government for response; Government supported some reduction but to the top of amended range.
- Court reduced to 327 months, the top of the amended range, using a form explanation that only cited 3553(a) factors.
- Smalls appealed, claiming lack of individualized explanation violated his rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Legree requires an individualized explanation | Smalls: no individualized reasoning required | Smalls: presumption; lawful without specific reasoning | Legree permits implicit consideration; no mandatory individualized explanation |
| Whether facts rebut Legree presumption | Smalls: facts distinguish his case | Smalls: no new mitigating factors and same judge, no rebuttal | Facts do not rebut the presumption; no showing of meaningful distinction |
| Whether Gall or Dillon supersede Legree | Smalls: Gall/Dillon undermine Legree | Legree remains controlling; Gall/Dillon not controlling here | Gall and Dillon do not override Legree in § 3582(c)(2) cases |
Key Cases Cited
- United States v. Legree, 205 F.3d 724 (4th Cir. 2000) (presumes consideration of § 3553(a) factors; need not show on-record rationale)
- Gall v. United States, 552 U.S. 38 (Supreme Court 2007) (requires individualized consideration and adequate explanation in initial sentencing)
- Dillon v. United States, 130 S. Ct. 2683 (Supreme Court 2010) (clarifies Booker does not render § 3582(c)(2) proceedings fully analogous to sentencing)
- Rita v. United States, 551 U.S. 338 (Supreme Court 2007) (explains need for explanation of sentencing decision; inapplicable to § 3582(c)(2) directly)