United States v. Reginald Cooper
675 F. App'x 67
| 2d Cir. | 2017Background
- Cooper pleaded guilty to using a telephone to facilitate a felony drug-trafficking offense (21 U.S.C. § 843(b)).
- Plea agreement stipulated an advisory Sentencing Guidelines range of 24–30 months’ imprisonment.
- The district court accepted the Guidelines calculation but imposed an above-Guidelines sentence of 42 months and one year of supervised release.
- District court explained the upward variance by citing Cooper’s extensive criminal history and perceived disrespect for the law.
- Cooper appealed, arguing the sentence was procedurally and substantively unreasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural reasonableness of above-Guidelines sentence | Gov’t: District court adequately explained reasons for upward variance | Cooper: Court failed to provide specific reasons for deviating from Guidelines | Affirmed — court provided explanations at hearing and in written Statement of Reasons |
| Substantive reasonableness of sentence length | Gov’t: Sentence justified by criminal history and sentencing objectives | Cooper: Sentence greater than necessary; cites median/mean sentences for similar offenses | Affirmed — sentence within permissible range given history; not shockingly high |
Key Cases Cited
- United States v. Bonilla, 618 F.3d 102 (2d Cir.) (standard of review for sentencing appeals)
- United States v. Legros, 529 F.3d 470 (2d Cir.) (de novo review of legal questions; clear-error for facts)
- United States v. Cavera, 550 F.3d 180 (2d Cir.) (district court must adequately explain chosen sentence and deviations)
- Gall v. United States, 552 U.S. 38 (2007) (district courts must explain deviations from Guidelines)
- United States v. Park, 758 F.3d 193 (2d Cir.) (substantive reasonableness standard—permissible range of decisions)
- United States v. Douglas, 713 F.3d 694 (2d Cir.) (affirming that shockingly high/low sentences undermine administration of justice)
- United States v. Rigas, 583 F.3d 108 (2d Cir.) (examples of sentences that are unsupportable as a matter of law)
