United States v. Tamara Williams-Kelly
677 F. App'x 881
| 4th Cir. | 2017Background
- Defendant Tamara Williams-Kelly pleaded guilty to: conspiracy to distribute and possess with intent to distribute cocaine (21 U.S.C. § 846), possession with intent to distribute cocaine (21 U.S.C. § 841(a)), conspiracy to import cocaine (21 U.S.C. §§ 952(a), 963), and importation of cocaine (21 U.S.C. §§ 952(a), 960(a)).
- District court sentenced Williams-Kelly to 30 months' imprisonment following her guilty plea.
- At sentencing, Williams-Kelly sought a mitigating-role adjustment under U.S.S.G. § 3B1.2 (minimal/minor participant reduction).
- She also requested a downward departure for aberrant behavior under U.S.S.G. § 5K2.20.
- The district court denied both requests; Williams-Kelly appealed the denial of the mitigating-role reduction and the refusal to depart for aberrant behavior.
- The Fourth Circuit reviewed the sentencing rulings and affirmed the district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams-Kelly was entitled to a mitigating-role reduction under U.S.S.G. § 3B1.2 | Williams-Kelly argued she was less culpable than average participants and merited a minor or minimal role reduction | Government argued her role and the record did not show she was substantially less culpable than average participants | Court held district court did not clearly err in denying a mitigating-role reduction; burden rests on defendant to prove entitlement |
| Whether the district court erred by refusing a downward departure for aberrant behavior under U.S.S.G. § 5K2.20 | Williams-Kelly sought departure for aberrant behavior | Government maintained no departure was warranted; district court considered and declined to depart | Court held it could not review the refusal because the district court did not mistakenly believe it lacked authority to depart; appeal on refusal barred |
Key Cases Cited
- United States v. Manigan, 592 F.3d 621 (4th Cir.) (standard of review: legal conclusions de novo, factual findings for clear error)
- United States v. Powell, 680 F.3d 350 (4th Cir.) (defendant bears burden to show entitlement to mitigating-role adjustment)
- United States v. Louthian, 756 F.3d 295 (4th Cir.) (appellate review of district court's refusal to depart is barred unless court believed it lacked authority)