United States v. Richard Dublin
20-6155
| 4th Cir. | Jul 16, 2021Background
- Richard Dublin, pro se, moved for resentencing under Section 404 of the First Step Act of 2018 seeking relief based on changes to statutory sentencing ranges.
- The district court denied Dublin’s motion, reasoning the murder cross‑reference controlled his offense level so the Fair Sentencing Act’s statutory changes did not affect his Guidelines range.
- The district court stated it considered the § 3553(a) factors but did not specifically address Dublin’s postsentencing mitigation evidence (disciplinary record, rehabilitation efforts, and letters of support).
- The Fourth Circuit vacated and remanded the denial for reconsideration in light of its later precedents in United States v. Chambers and United States v. Collington.
- The court instructed the district court to apply the principles from Chambers and Collington (recalculate Guidelines, correct retroactive Guidelines errors, consider § 3553(a) and postsentencing conduct, and adequately explain any decision).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must the court recalculate the Guidelines range when imposing a new sentence under the First Step Act? | Dublin: the Fair Sentencing Act produces a lower statutory range and the Guidelines should be recalculated. | District court/Gov: murder cross‑reference set the offense level, so statutory penalty changes do not affect the Guidelines. | Vacated and remanded — Chambers requires recalculation of the Guidelines at resentencing. |
| Did the district court adequately consider § 3553(a) factors and Dublin’s postsentencing mitigation in denying relief? | Dublin: his postsentencing conduct and mitigation justify a sentence below life. | District court: asserted it considered § 3553(a) but did not address Dublin’s specific mitigation arguments. | Vacated and remanded — Collington requires individual consideration of § 3553(a) factors, postsentencing conduct, and an adequate explanation. |
Key Cases Cited
- United States v. Chambers, 956 F.3d 667 (4th Cir. 2020) (First Step Act resentencing requires recalculation of the Guidelines, correction of retroactive Guidelines errors, and consideration of § 3553(a) and postsentencing conduct)
- United States v. Collington, 995 F.3d 347 (4th Cir. 2021) (sets three‑step resentencing procedure under § 404: recalc Guidelines, correct Guidelines errors/apply retroactive intervening law, consider § 3553(a); requires reasoned procedural and substantive explanation)