United States v. Servando Guerrero, Jr.
2017 U.S. App. LEXIS 17240
5th Cir.2017Background
- Servando Guerrero, Jr., a federal prisoner, was convicted of conspiracy to possess with intent to distribute methamphetamine and sentenced to 174 months, later reduced to 168 months after Amendment 782.
- The Sentencing Commission issued Amendment 794, revising commentary to U.S.S.G. § 3B1.2 regarding reductions for defendants with "minimal" or "minor" roles.
- Guerrero moved in district court for a further sentence reduction under 18 U.S.C. § 3582(c)(2) based on Amendment 794.
- The district court denied relief, concluding Guerrero was ineligible because § 1B1.10(d) (the list of "Covered Amendments") does not include Amendment 794.
- The district court certified Guerrero’s appeal was not taken in good faith under 28 U.S.C. § 1915(a)(3) and denied in forma pauperis (IFP) status as frivolous.
- Guerrero appealed the IFP denial; the Fifth Circuit reviewed whether the appeal raised legal points arguable on their merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Amendment 794 makes Guerrero eligible for a § 3582(c)(2) sentence reduction | Amendment 794 should be applied to lower Guerrero’s offense level and allow a reduction | § 1B1.10(a)(1) requires the lowering amendment be listed in § 1B1.10(d); Amendment 794 is not listed | Amendment 794 is not a covered amendment under § 1B1.10(d); Guerrero is ineligible |
| Whether the appeal is taken in good faith for IFP purposes | Guerrero argues the appeal raises non-frivolous legal issues about application of Amendment 794 | District court says the appeal is frivolous because Amendment 794 cannot provide eligibility under § 1B1.10 | Appeal is frivolous; IFP denied |
Key Cases Cited
- Howard v. King, 707 F.2d 215 (5th Cir. 1983) (defines "good faith" for IFP as raising nonfrivolous issues)
- Anders v. California, 386 U.S. 738 (1967) (frivolousness standard for appeals and appointed counsel duties)
- Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997) (procedures and consequences when district court certifies appeal as not in good faith)
- Dillon v. United States, 560 U.S. 817 (2010) (two-step framework for § 3582(c)(2) sentence-modification proceedings)
- United States v. Sanchez-Villarreal, 857 F.3d 714 (5th Cir. 2017) (discussing application of § 3B1.2 role adjustments and related commentary)