United States v. Torris Boyd
2016 U.S. App. LEXIS 12366
| 8th Cir. | 2016Background
- Boyd pled guilty in 2006 to distribution of cocaine base near a playground and was sentenced after Guidelines calculation to 324–405 months; district court imposed 308 months under U.S.S.G. § 5K1.1.
- District court later reduced Boyd’s sentence twice: to 279 months (applying Amendments 706/715 retroactively) and denied a 2013 motion under Amendment 750 while inviting future improvement-based relief.
- Amendment 782 (effective Nov. 1, 2014) retroactively lowered most drug base offense levels by two levels, making Boyd eligible for further reduction under 18 U.S.C. § 3582(c)(2).
- The district court, acting on its own motion, held a § 3582(c)(2) hearing in April 2015, considered § 3553(a) factors and U.S.S.G. § 1B1.10 commentary, and noted Boyd’s extensive criminal history and over thirty institutional disciplinary violations.
- The district court denied further reduction, citing the seriousness of the danger to persons/community and Boyd’s post-sentencing misconduct; Boyd appealed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court abused discretion in denying a § 3582(c)(2) reduction under Amendment 782 | Boyd: prior criminal history and recidivism were already accounted for at original sentence; disciplinary sanctions addressed misconduct | Govt: district court properly considered § 3553(a), danger to community, and post-sentencing misconduct under § 1B1.10 | Affirmed — no abuse of discretion; district court properly weighed factors and denied reduction |
Key Cases Cited
- United States v. Thomas, 775 F.3d 982 (8th Cir. 2014) (retroactive Amendment 782 reductions available under § 3582(c)(2))
- United States v. Anderson, 707 F.3d 973 (8th Cir. 2013) (standard of review: abuse of discretion for § 3582(c)(2) reductions)
- United States v. Long, 757 F.3d 762 (8th Cir. 2014) (§ 3582(c)(2) relief is discretionary, not entitlement)
- Johnson v. United States, 703 F.3d 464 (8th Cir. 2013) (§ 3582(c)(2) is doubly discretionary)
- Dillon v. United States, 560 U.S. 817 (2010) (§ 3582(c)(2) represents congressional lenity; courts exercise discretion)
- United States v. Higgins, 584 F.3d 770 (8th Cir. 2009) (Amendment 706 reduced crack-base offense levels)
- United States v. Harris, 688 F.3d 950 (8th Cir. 2012) (Amendment 750 reduced certain § 2D1.1 offense levels)