United States v. Sutton
2010 U.S. App. LEXIS 23932
8th Cir.2010Background
- Sutton was convicted of possession with intent to distribute 123.49 grams of cocaine base; district court imposed the 120-month minimum under 21 U.S.C. § 841(b)(1)(A).
- Plea agreement acknowledged potential mandatory minimum; government could move for a reduction for substantial assistance, which it did not.
- At sentencing, advisory guidelines ranged 87–108 months, but statutory minimum yielded 120 months under § 841(b)(1)(A).
- Sutton sought a below-minimum sentence citing family responsibilities, mental health issues, and pretrial good behavior; court declined, deeming 120 months appropriate given offense and history.
- Sutton appeals arguing Booker and § 3553(a) permit a sentence below the statutory minimum; the issue is statutory interpretation, reviewed de novo.
- Court holds district court lacked authority to sentence below the statutory minimum; Booker did not expand authority to go below minimum; § 3553(a) does not override specific statutory minimum; § 3553(e)/(f) not applicable; 841(b) controls within statutory range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §3553(a) allows below-minimum sentencing. | Sutton argues parsimony clause overrides minimum. | Government contends specific statute fixes minimum; 3553(a) not to override. | No; court cannot sentence below minimum. |
| Effect of Booker on authority to impose below-minimum sentences. | Booker expands sentencing discretion. | Booker makes guidelines advisory but not authority to below-minimum. | Booker does not empower below-minimum sentencing. |
| Whether §3553(e)/(f) apply to permit below-minimum sentence. | Claim could qualify for safety-valve or reductions under §3553(e)/(f). | Neither provision applied here. | Not applicable; minimum remains. |
Key Cases Cited
- United States v. Booker, 543 U.S. 220 (U.S. 2005) (guidelines advisory; does not authorize below-minimum sentences)
- United States v. Williams, 474 F.3d 1130 (8th Cir. 2007) (confirms no authority to sentence below minimum post-Booker)
- United States v. Chacon, 330 F.3d 1065 (8th Cir. 2003) (statutory minimum governs within § 841(b) boundaries)
- United States v. Cirilo-Muñoz, 582 F.3d 54 (1st Cir. 2009) (3553(a) factors limited to within statutory range)
- United States v. Roberson, 474 F.3d 432 (7th Cir. 2007) (3553(a) cannot override minimums in § 841(b))
- United States v. Samas, 561 F.3d 108 (2d Cir. 2009) (confirms general- versus specific-statute balance in sentencing)