United States v. Tyrone Pratt
515 F. App'x 90
3rd Cir.2013Background
- Pratt pled guilty in Jan 2009 to crack distribution, possession with intent to distribute, marijuana distribution, and possession of a firearm in furtherance of a drug crime.
- The district court sentenced Pratt to an aggregated mandatory minimum of 120 months (60 months on crack counts plus 60 consecutive months for the firearm).
- Pratt did not appeal the sentence.
- In 2011 Pratt moved to reopen, arguing the Fair Sentencing Act of 2010 should apply retroactively to reduce his sentence.
- In Aug 2012 Pratt filed a pro se §3582(c)(2) motion arguing Amendment 750 and Dorsey support a retroactive lowering of his range; the district court denied.
- This appeal challenges the denial of Pratt’s §3582(c)(2) motion and retroactivity arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FSA is retroactive to Pratt’s case | Pratt | Pratt | FSA not retroactive to Pratt |
| Whether Dorsey affects Pratt’s retroactivity position | Pratt | Pratt | Dorsey does not make FSA retroactive here |
| Whether §3582(c)(2) relief is available when a mandatory minimum applies | Pratt seeks reduction under amended ranges | FSA and MMs not retroactive; no reduction | No §3582(c)(2) relief because MM remains applicable |
| Whether Amendment 750 lowered Pratt’s guideline range despite the MM | Amendment 750 lowers range if MM not triggered | MM still applies; range not lowered | Amendment 750 did not lower Pratt’s range due to MM |
Key Cases Cited
- Dorsey v. United States, 132 S. Ct. 2321 (S. Ct. 2012) (FSA applies to pre-FSA offenses sentenced after its effective date)
- United States v. Reevey, 631 F.3d 110 (3d Cir. 2010) (retroactivity limitations of FSA to pre-FSA sentences)
- United States v. Doe, 564 F.3d 305 (3d Cir. 2009) (retroactive effect of amendments vs. statutory minimums)
- United States v. Curet, 670 F.3d 296 (1st Cir. 2012) (retroactive application of Amendment 750)