United States v. Woods
2011 U.S. App. LEXIS 12403
| 8th Cir. | 2011Background
- Woods pled guilty to Counts I–III of distributing and manufacturing crack cocaine; Count IV was dismissed.
- PSR attributed Woods at least 172.87 grams of crack cocaine for guideline purposes.
- Initial advisory range under 2009 guidelines was 135–168 months (level 30, IV).
- FSA increased crack thresholds (50 g to 280 g) and directed timely conforming guideline amendments; temporary 2010 amendments were issued effective Nov. 1, 2010.
- At sentencing (Oct. 19, 2010), the court calculated a hypothetical post-FSA range (84–105 months) but actually sentenced Woods to 121 months concurrent on Counts I–III after argument and evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the continuance was abused by court given FSA changes | Woods sought delay to benefit from FSA amendments | District court had discretion to deny further delay | No abuse; discretionary denial upheld |
| Whether the downward variance based on FSA/crack-powder disparity was abused | Misstatements about FSA harmed Woods; variance justified | Misstatements did not affect outcome; variance not required | Not abused; discretionary denial within wide range of discretion |
| Whether the district court properly considered § 3553(a) factors | Court failed to articulate reasons considering factors | Court adequately considered factors and rejected disparity assertion | Yes; reasons sufficiently explained the sentence at bottom of advisory range |
Key Cases Cited
- United States v. Smith, 632 F.3d 1043 (8th Cir. 2011) (savings statute; not retroactive for FSA effects)
- United States v. Brewer, 624 F.3d 900 (8th Cir. 2010) (FSA amendments; not retroactive in penalties calculation)
- United States v. Payton, 636 F.3d 1027 (8th Cir. 2011) (crack/powder disparity discretion after FSA)
- United States v. Roberson, 517 F.3d 990 (8th Cir. 2008) (Kimbrough discretion to vary within guidelines use)
- Rita v. United States, 551 U.S. 338 (2007) (requires meaningful appellate consideration of § 3553(a) factors)
- Kimbrough v. United States, 552 U.S. 85 (2007) (discretion to vary based on crack/powder disparity)