376 F.3d 785 | 8th Cir. | 2004
Lead Opinion
Robert Rae Ramirez pleaded guilty to one count of an indictment charging him with two counts of manufacturing methamphetamine. He was nineteen years old at the time of his arrest and had manufactured methamphetamine with the help of several minors. At sentencing, he received a two-level enhancement for using a minor in the offense. This brought his offense level to 31, with a criminal history category of I. The district court
I.
Ramirez contends that the Sentencing Commission exceeded its authority in its decision to apply U.S.S.G. § 3B1.4 to those under the age of twenty-one. He relies on a concurring opinion in the Sixth Circuit’s United States v. Butler, 207 F.3d 839 (6th Cir.2000) decision to support his argument. In that case, a divided panel held that § 3B1.4 was invalid to the extent that it applied to criminals who committed their crimes when under the age of twenty-one. Id. at 849-52. However, the Fourth, Seventh, Eleventh, and Tenth Circuits have
We are presented with a clear circuit split and must decide whether in its passage of § 3B1.4-as applied to eighteen and nineteen-year olds-the Sentencing Commission abused its discretion. At the outset, we note that “the Commission enjoys significant discretion in formulating Guidelines.” Mistretta v. United States, 488 U.S. 361, 377, 109 S.Ct. 647, 102 L.Ed.2d 714 (1989). And our circuit in particular affords the Commission broad discretion within its legislatively delegated authority. “Given Congress’s supervisory role, the Sentencing Commission’s formulation of the Guidelines is not subject to judicial review unless the Commission oversteps constitutional bounds.” United States v. Vincent, 167 F.3d 428, 431 (8th Cir.1999) (citing United States v. Hill, 48 F.3d 228 (7th Cir.1995)) (When the Commission is “exercising this delegated power, the courts cannot interfere or second-guess unless the Commission oversteps constitutional bounds.”).
Congress specifically directed the Commission to amend the Guidelines to provide for enhanced sentences for defendants who involve minors in the commission of their offenses. The Violent Crime Control and Law Enforcement Act of 1994, in pertinent part, provides:
(a) Directive to the Sentencing Commission. (1) The United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide that a defendant 21 years of age or older who has been convicted of an offense shall receive an appropriate sentence enhancement if the defendant involved a minor in the commission of the offense.
Pub.L. 103-322, § 140008, 108 Stat. 1796 (1994). In response to this directive, the Sentencing Commission promulgated U.S.S.G. § 3B1.4, which states:
Using a Minor to Commit a Crime
If the defendant used or attempted to use a person less than eighteen years of age to commit the offense or assist in avoiding detection of, or apprehension for, the offense, increase by 2 levels.
The application commentary accompanying this Guideline states:
This amendment implements the directive in Section 140008 of the Violent Crime Control and Law Enforcement Act of 1994 (pertaining to the use of a minor in the commission of an offense) in a slightly broader form by adding a new § 3B1.4 (Using a Minor to Commit a Crime).
U.S.S.G.App. C Amend. 527 (1995). Thus-as this commentary acknowledges-by eliminating the age restriction the Commission widened the scope of the Congressional directive in its enactment of § 3B1.4. The issue we face is whether the Commission’s “slightly broader form” is compatible with its congressional directive.
The Sixth Circuit found that by eliminating the age restriction, § 3B1.4 “was a direct overruling of an explicit Congressional declaration.” Butler, 207 F.3d at 850 (Jones, J., concurring). Because the Commission did not precisely follow the specific congressional directive, the court declined to apply the Guideline. See id. at 849-52. The government, in its submissions to the Sixth Circuit in Butler, contended that the removal of the age limitation was reasonable because the Commission simply “ ‘implemented Congress’s directive in a slightly broader fashion.’” Butler, 207 F.3d 839, 850 (Jones, J., concurring). The Sixth Circuit
We, however, take a differing view and adopt the reasoning expressed by the Fourth Circuit in United States v. Murphy, 254 F.3d 511 (2001). As noted by our sister circuit, the resulting Guideline promulgated by the Commission comports with Congress’s directive, because all defendants twenty-one years of age or older who use a minor to commit an offense receive a sentence enhancement. Id. at 513. There is no language in Congress’s directive limiting the enhancement only to those having attained the age of twenty-one. Id. Absent such a limiting mandate, § 3B1.4 “is not at odds with the directive, and the Commission was within its discretion to broaden the category of adult defendants eligible for the sentence enhancement.” Id; see also United States v. Ramsey, 237 F.3d 853, 857 (7th Cir.2001) (upholding the validity of § 3B1.4 and explaining that “[a]s long as the Commission’s guideline is not ‘at odds’ with the congressional directive, it is within the commission’s discretion to enlarge the category of defendants to whom an enhancement will apply”) (quoting LaBonte, 520 U.S. at 757, 117 S.Ct. 1673).
Additionally, as noted by the Seventh Circuit, after considering the relevance of age to this enhancement,
It is our view that the Sentencing Commission did not exceed the scope of its delegated authority when it promulgated § 3B1.4 to include all defendants, regardless of age. Accordingly, we join the Fourth, Seventh, Tenth and Eleventh Circuits in holding that § 3B1.4 is not “at odds” with Congress’s directive.
Accordingly, we affirm the sentence imposed by the district court.
. The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa.
. As to this enhancement, Congress directed the Commissibn to consider the possible relevance of the proximity in age between the offender and the minor(s) involved in the offense. Violent Crime Control and Law Enforcement Act of 1994, Pub.L. No. 103-322, § 140008(b)(4), 108 Stat. 1796 (1994).
. We note that on June 2, 2004, another Eighth Circuit panel handed down an opinion addressing this same issue. See United States v. Wingate, 369 F.3d 1028 (2004). Our conclusion in the current matter is consistent with the decision of the Wingate panel. When read together, the two opinions thoroughly address this court’s position on the scope of the Sentencing Commission's delegated authority in relation to § 3B1.4.
Concurrence Opinion
concurring.
I believe the Sentencing Commission exceeded its authority by applying USSG § 3B1.4 to defendants less than twenty-