United States v. Morant-Jones
411 F. App'x 885
7th Cir.2011Background
- Morant-Jones, a Jamaican citizen, was removed in 2004 and returned to the U.S. in 2007.
- He was arrested in 2008 in Chicago for possession of marijuana, driving with a broken tail light, and lacking license or insurance, and charged under 8 U.S.C. § 1326(a).
- At sentencing, he sought a below-guidelines sentence based on absence of a fast-track program in the Northern District of Illinois.
- The district court calculated a total offense level 21, category IV criminal history, yielding a Guidelines range of 57–71 months and sentenced him to 57 months.
- Sixteen districts have fast-track programs; the Northern District of Illinois does not; Morant-Jones argued for a 30–37 month range if a fast-track were applicable.
- On appeal, Morant-Jones contends the district court failed to meaningfully consider the fast-track argument.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court adequately consider fast-track mitigation? | Morant-Jones argues the court did not meaningfully consider fast-track absence. | Morant-Jones contends the court treated fast-track as inapplicable as a constraint. | Court did consider and rejected the fast-track argument. |
| May a court sentence below the Guidelines range based on absence of fast-track in the district? | Morant-Jones seeks below-range based on fast-track disparities. | District argues no need for below-range leniency given other factors. | Yes, consistent with Reyes-Hernandez, the district may consider absence of fast-track under § 3553(a). |
| Was Morant-Jones eligible for a fast-track reduction in any district? | Morant-Jones would have benefited if eligible after reductions. | Eligibility was uncertain due to high total offense level and waiting periods. | Morant-Jones did not establish eligibility in the relevant districts. |
Key Cases Cited
- United States v. Galicia-Cardenas, 443 F.3d 553 (7th Cir. 2006) (before Reyes-Hernandez, limited below-range sen-tencing for fast-track absence)
- United States v. Martinez-Martinez, 442 F.3d 539 (7th Cir. 2006) (precedent pre-Reyes-Hernandez on fast-track impact)
- Reyes-Hernandez, 624 F.3d 405 (7th Cir. 2010) (recognizes district court may consider absence of fast-track under § 3553(a))
- United States v. Olmeda-Garcia, 613 F.3d 721 (7th Cir. 2010) (discusses fast-track eligibility criteria and reductions)
- United States v. Ramirez-Silva, 369 Fed.Appx. 744 (7th Cir. 2010) (addressed when fast-track reductions apply regarding eligibility)