United States v. Theodore Browne
2012 U.S. App. LEXIS 22693
| 8th Cir. | 2012Background
- Browne pleaded guilty in 1997 to a cocaine base offense, with a Rule 11(e)(1)(C) plea agreement for an agreed 210-month sentence.
- The plea agreement stated that the Sentencing Guidelines do not directly apply to sentencing in this case, but listed factors and cited guidelines provisions related to those factors.
- At sentencing, the court found an applicable guideline range of 235–293 months but downwardly departed to a 210–262 month range and imposed 210 months as agreed.
- In 2008 Browne moved for a § 3582(c)(2) sentence reduction based on Amendment 706; the district court reduced to 168 months, which this court later reversed for lack of authority under § 3582(c)(2) because the sentence was based on the plea agreement.
- After Freeman v. United States (2011), Browne filed a second § 3582(c)(2) motion; the district court held the reduction unavailable because the sentence was based on a Rule 11(c)(1)(C) agreement, not the lowered Guidelines.
- The Eighth Circuit reviews de novo and held that Browne’s sentence was not based on a subsequently lowered guideline range since the plea agreement did not expressly base the term on a Guidelines range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3582(c)(2) applies to a plea agreement-based sentence | Browne argues the sentence was based on a Guidelines range and thus eligible. | The government contends the sentence was based on the plea agreement, not the Guidelines. | Not eligible; § 3582(c)(2) does not apply. |
| Whether the sentence was based on a Guidelines range | Browne asserts the plea references and negotiations show basis in Guidelines. | The sentence was fixed by the Rule 11(c)(1)(C) agreement, not the Guidelines. | No; sentence was based on the plea agreement, not a lower Guidelines range. |
| Whether references to Guidelines in the plea agreement establish basis for relief | Browne argues references show Guidelines-based basis for the term. | References alone do not establish the basis; no explicit range is stated. | Rejected; explicit basis in a Guidelines range is required. |
| Whether oral statements by the prosecutor alter eligibility | Browne argues oral statements linked the term to a Guidelines range. | Such statements are barred by Freeman’s language focusing on the written agreement. | Foreclosed; cannot rely on oral statements beyond the written agreement. |
Key Cases Cited
- Freeman v. United States, 131 S. Ct. 2685 (U.S. 2011) (holding that § 3582(c)(2) relief depends on the written plea agreement; oral negotiations irrelevant)
- United States v. Scurlark, 560 F.3d 839 (8th Cir. 2009) (sentence based on plea agreement; § 3582(c)(2) inapplicable)
- United States v. Dixon, 687 F.3d 356 (7th Cir. 2012) (oral explanations cannot satisfy § 3582(c)(2) when the written agreement does not)
- Gregg v. Georgia, 428 U.S. 153 (U.S. 1976) (contextual citation on judicial holding)