416 F.Supp.3d 721
M.D. Tenn.2019Background
- Mack Stone was convicted in 2004 of conspiracy to distribute 50 grams or more of crack cocaine; the PSR and sentencing judge attributed substantially more (≈1.5 kg), and he received a mandatory life sentence based on two prior drug convictions.
- The First Step Act §404 makes parts of the Fair Sentencing Act (FSA) retroactive and permits courts to reduce sentences for a "covered offense" (an offense whose statutory penalties were modified by the FSA and committed before Aug. 3, 2010).
- Stone moved under §404 seeking a reduced sentence (he proposed 20 years); the Government opposed, arguing the court should base eligibility on total conduct quantity (which would leave him in the highest tier).
- The court adopted the "conviction-controls" approach: eligibility is determined by the quantity underlying the offense of conviction (here, the jury found 50 grams), not by the larger quantity attributed at sentencing.
- The court applied Alleyne and related precedent (including Sixth Circuit Hogg) to hold Stone’s conviction (50 g) is a "covered offense" under §404 and thus eligible for discretionary reduction.
- Exercising §3553(a) discretion (considering conduct, guidelines, age/recidivism, and windfall concerns), the court denied Stone’s 20-year request but reduced his sentence to 30 years (bottom of the guideline range); all other judgment terms unchanged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stone is eligible under §404 as a "covered offense" | Gov: eligibility should be based on total conduct quantity shown at sentencing | Stone: eligibility should be based on the quantity of the offense of conviction (50 g) | Court: Eligible — uses conviction-controls (quantity of conviction governs) |
| Proper metric for determining "covered offense" quantity | Gov: "conduct-controls" — use total drug quantity attributed at sentencing | Stone: "conviction-controls" — use quantity alleged/found in charging/conviction | Court: Adopts conviction-controls as prevailing and better aligned with Hogg/Alleyne |
| Role of Alleyne (jury finding requirement) | Gov: Alleyne might not apply to §404; if not applied, conduct-controls would bar relief | Stone: Alleyne requires using jury-adjudicated quantity (50 g) for statutory minimums | Court: Applies Alleyne to §404 context — jury-found quantity controls statutory tier |
| Whether and how much to reduce sentence (3553(a) factors) | Gov: No reduction warranted given serious conduct and amount | Stone: Requests 20 years based on rehabilitation, age, lower recidivism risk | Held: Court grants discretionary reduction but to 30 years (not 20) — balances guidelines, likely FSA-tiering if recharged today, windfall concerns, and deterrence/protection objectives |
Key Cases Cited
- United States v. Hogg, 723 F.3d 730 (6th Cir. 2013) (statutory penalty range tied to charge of conviction, not sentencing conduct admissions)
- Dorsey v. United States, 567 U.S. 260 (2012) (FSA applies to post‑FSA sentencing for pre‑FSA offenses)
- Alleyne v. United States, 570 U.S. 99 (2013) (any fact that increases mandatory minimum must be found by a jury or admitted)
- United States v. Boulding, 379 F. Supp. 3d 646 (W.D. Mich. 2019) (First Step Act eligibility turns on amount charged in conviction)
- United States v. Blocker, 378 F. Supp. 3d 1125 (N.D. Fla. 2019) (contrast opinion advocating conduct-based approach)