370 F. Supp. 3d 736
E.D. Ky.2019Background
- Megan Slone pleaded guilty on April 13, 2018 to conspiracy to distribute 400 g+ of fentanyl; the plea was accepted by the district court under Fed. R. Crim. P. 11(c)(1)(B).
- A §851 notice filed by the government alleged a prior state felony drug conviction that, at the time of the plea, would have triggered a 20-year mandatory minimum under 21 U.S.C. § 841(b).
- Slone’s PSR (June 26, 2018) produced a Guidelines range of 121–151 months (total offense level 31, CHC II), but two continuances delayed sentencing from July 2018 to March 1, 2019.
- The First Step Act (FSA) of Dec. 21, 2018 changed: (1) the §841(b) prior-conviction enhancement rules (requiring >12 months served to qualify), and (2) expanded the statutory safety-valve in 18 U.S.C. § 3553(f) for certain defendants — but §402(b) makes the safety-valve expansion applicable only to convictions “entered on or after” enactment.
- Because Slone’s state sentence was under 12 months, the FSA’s §401 reduced the §841(b) enhancement so the mandatory minimum decreased from 240 months to 120 months (10 years).
- The disputed question was whether Slone’s conviction was “entered” on April 13, 2018 (date plea accepted) or on a later date (e.g., date judgment entered), determining eligibility for the FSA’s expanded safety valve.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a conviction is "entered" for §402(b) purposes on date plea accepted or on date judgment entered | United States: “conviction entered” means entry of judgment (so defendants sentenced after Dec. 21, 2018 qualify) | Slone/Probation: conviction occurs when court accepts a valid guilty plea (date of adjudication of guilt) | Court: conviction was "entered" when the district court accepted the valid Rule 11 plea (Apr. 13, 2018); Slone not eligible for expanded safety valve under §402(b) |
| Whether the FSA’s §401 reduction to prior-conviction enhancement applies | United States: FSA §401 should reduce prior-conviction enhancements when state term ≤12 months | Slone: agrees (as applied) | Court: §401 applies; because Slone served ≤12 months on prior state drug conviction, the prior-conviction enhancement did not apply and mandatory minimum reduced to 120 months |
| Whether rules of procedure (Rules 11, 32) or precedent require different timing for "conviction entered" | United States: procedural rules/precedent support equating conviction with final judgment for sentencing applicability | Slone/Probation: Rule 11 acceptance governs; Rule 11(d) withdrawal standards show plea finality once accepted | Court: procedural rules and precedent (Deal, Dorsey) examined but context and statutory text show "conviction" means adjudication of guilt; accepting plea is the operative date |
Key Cases Cited
- Deal v. United States, 508 U.S. 129 (construing meaning of “conviction” from context of statute governing sentence enhancements)
- Dorsey v. United States, 567 U.S. 260 (analyzing retroactivity/application of sentencing reform to pre‑Act offenders)
- Mulder v. McDonald, 805 F.3d 1342 (Fed. Cir. 2015) (statutory interpretation principle: words given ordinary meaning unless otherwise defined)