778 F.3d 396
2d Cir.2015Background
- Shane Morrison pleaded guilty (2011) to conspiracy to distribute 500+ grams of cocaine; Guidelines range calculated at 37–46 months.
- At a July 23, 2013 sentencing hearing the court granted a §5K1.1 reduction and initially imposed 15 months, but withdrew the sentence after Morrison requested an adjournment.
- Morrison remained on pretrial supervision and, after the July 23 appearance, failed two drug tests (December 2013 and weeks later) detecting cocaine and other drugs.
- Pretrial Services notified the court of the positive tests and requested remand; the court remanded Morrison and reconvened sentencing.
- Morrison argued 18 U.S.C. § 3153(c) barred the court from considering pretrial services’ confidential information (the drug tests) at sentencing; the district court disagreed and increased the term to 18 months.
- On appeal the Second Circuit affirmed, holding the district court did not violate § 3153(c) and the sentence was procedurally reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3153(c) forbids a district court from considering confidential pretrial services information at sentencing | Gov./court: pretrial information is admissible for sentencing under statutory exceptions and §3661 policy favoring broad consideration | Morrison: §3153(c)(1) makes pretrial services information confidential and usable only for bail, so it cannot be used to enhance sentence | The court held §3153(c)(1) confidentiality is subject to §3153(c)(2) exceptions (notably (C)), and combined with §3661 allows judges to consider pretrial services information at sentencing |
Key Cases Cited
- United States v. Conca, 635 F.3d 55 (2d Cir. 2011) (standard of review for sentencing reasonableness)
- United States v. Robinson, 702 F.3d 22 (2d Cir. 2012) (procedural error categories in sentencing review)
- United States v. Park, 758 F.3d 193 (2d Cir. 2014) (improper sentencing factors)
- United States v. Soler, 759 F.3d 226 (2d Cir. 2014) (statutory interpretation reviewed de novo)
- United States v. Pena, 227 F.3d 23 (2d Cir. 2000) (purpose of §3153 confidentiality to protect exchanges among court personnel)
- United States v. Cavera, 550 F.3d 180 (2d Cir. 2008) (§3661 bar on categorical limits to information considered at sentencing)