United States v. Robert Butler
568 F. App'x 768
11th Cir.2014Background
- Butler appeals the district court's denial of his 18 U.S.C. § 3582(c)(2) motion to modify sentence.
- Butler contends equal protection and due process violations and seeks a reduction because the Fair Sentencing Act lowers statutory ranges affecting his guideline calculations as a career offender.
- Butler also argues Alleyne v. United States would prevent a sentence greater than the statutory maximum.
- The Eleventh Circuit reviews de novo the scope of authority under § 3582(c)(2) and requires a sentence to have been based on a range lowered by the Sentencing Commission for relief.
- The court concludes that § 3582(c)(2) relief is limited to lowered ranges; FSA is not a Sentencing Commission guideline amendment; Alleyne issues do not provide relief; the denial is affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are equal protection/due process claims cognizable under §3582(c)(2)? | Butler claims constitutional violations offsetting relief. | Bravo directs these claims belong in 2255 collateral attacks, not §3582(c)(2). | No relief under §3582(c)(2); claims raised in collateral proceedings. |
| Does the FSA support a §3582(c)(2) reduction when not a Guidelines amendment? | Butler asserts FSA lowers range affecting guidelines and allows reduction. | Berry holds FSA is not a guidelines amendment and not retroactive here. | Butler not entitled; FSA not basis for §3582(c)(2) reduction. |
| Does Alleyne preclude Butler's sentence under §3582(c)(2)? | Butler argues enhanced penalties based on jury findings must retroactively apply. | Alleyne findings are not relevant to §3582(c)(2) proceedings. | Alleyne argument fails; no relief. |
Key Cases Cited
- United States v. Bravo, 203 F.3d 778 (11th Cir. 2000) (§3582(c)(2) proceedings do not permit de novo resentencing; collateral attack rules apply)
- Berry, 701 F.3d 374 (11th Cir. 2012) (FSA not a Sentencing Commission amendment; not retroactive in §3582(c)(2) context)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (jury findings used to enhance penalties; not applicable to §3582(c)(2) relief here)