United States v. Walter Brown, Jr.
694 F. App'x 62
| 3rd Cir. | 2017Background
- Walter Alston Brown, Jr. was convicted by a jury of conspiracy to commit loan and wire fraud, making a false statement in connection with an FHA loan, multiple counts of loan fraud, and tax evasion; he was sentenced to 180 months and ordered to pay substantial restitution and IRS payments.
- Brown’s convictions and sentence were affirmed on direct appeal in United States v. Brown, 661 F. App’x 190 (3d Cir. 2016).
- On December 27, 2016, Brown moved under 18 U.S.C. § 3582(c)(2) for a sentence reduction, citing Sentencing Guideline Amendments 791, 792, and 794 (which adjusted monetary tables, the "sophisticated means" enhancement, and the mitigating-role reduction).
- The district court denied the § 3582(c)(2) motion; Brown appealed. The government moved for summary affirmance in this court.
- The central legal question was eligibility for § 3582(c)(2) relief when the cited guideline amendments were not listed as retroactive in U.S.S.G. § 1B1.10(d).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown is eligible for a § 3582(c)(2) reduction based on Amendments 791, 792, 794 | Amendments changed Guidelines and took effect while Brown's direct appeal was pending; he seeks benefit of those changes | Amendments are not listed as retroactive in U.S.S.G. § 1B1.10(d); therefore § 3582(c)(2) relief is unavailable | Denied — Brown is ineligible because Amendments 791, 792, 794 are not listed as retroactive |
| Whether Brown can pursue ex post facto or ineffective-assistance arguments via § 3582(c)(2) motion | Brown suggests unfairness or counsel error in not seeking remand | Such claims do not furnish a basis for § 3582(c)(2) relief and belong in a § 2255 proceeding | Denied — those claims are not proper grounds for § 3582(c)(2) relief; raised remedies are for § 2255 |
Key Cases Cited
- United States v. Mateo, 560 F.3d 152 (3d Cir. 2009) (standard of review for § 3582(c)(2) denials)
- United States v. Weatherspoon, 696 F.3d 416 (3d Cir. 2012) (plenary review when district court deems defendant ineligible for § 3582(c)(2) relief)
- United States v. Flemming, 723 F.3d 407 (3d Cir. 2013) (statutory prerequisites for sentence reductions under § 3582(c)(2))
- United States v. Wise, 515 F.3d 207 (3d Cir. 2008) (§ 1B1.10(d) lists amendments that may be applied retroactively)
- United States v. Brown, [citation="661 F. App'x 190"] (3d Cir. 2016) (affirming Brown's conviction)