United States v. Brooks

891 F.3d 432
Court of Appeals for the Second Circuit·Decided June 1, 2018·No. Docket No. 15-3737-cr; August Term, 2016·Published·Cited by 6 cases

Opinion

LEVAL, Circuit Judge:

Daren Brooks appeals from an order entered on November 17, 2015, in the United States District Court for the Western District of New York (Charles J. Siragusa, J. ), denying Brooks's motion to reduce *434his sentence pursuant to 18 U.S.C. § 3582(c)(2). The district court denied the motion as a matter of judicial discretion, but failed to state whether it had made the requisite initial determination that the Defendant was eligible for a sentence reduction. Because the record strongly suggests that the court erred either by failing to determine the Defendant's eligibility for a sentence reduction, or by miscalculating the revised United States Sentencing Guidelines (the "Guidelines") range, and the Defendant might have been prejudiced by the error, we REMAND for reconsideration.

BACKGROUND

Brooks pleaded guilty to one count of possession of 50 grams or more of crack cocaine, with the intent to distribute. He was sentenced on October 11, 2012 to 300 months of imprisonment to be followed by eight years of supervised release, a $2,000 fine, and a $100 special assessment. The district court properly applied the 2008 Guidelines, which were in effect at the time of the offense, rather than the 2011 Guidelines, which were in effect at the time of sentencing, because the 2008 Guidelines were more favorable to the Defendant. See U.S.S.G. § 1B1.11(b)(1) ("If the court determines that use of the Guidelines Manual in effect on the date that the defendant is sentenced would violate the ex post facto clause of the United States Constitution, the court shall use the Guidelines Manual in effect on the date that the offense of conviction was committed.") Although the 2008 Guidelines imposed a higher base offense level than the 2011 Guidelines (level 36 rather than level 34), they were ultimately more favorable to the Defendant because they excluded two enhancements that were applicable under the later version.

Using the 2008 Guidelines, the court found that the base offense level for the applicable quantity of crack cocaine-approximately 1.77 kilograms-was 36. The court applied a two-level increase because of Brooks's role as an organizer and a two-level decrease for his acceptance of responsibility, so that his net offense level of 36 was identical to his base offense level. In criminal history category of IV, this yielded an applicable Guidelines range of 262-327 months. The court considered the sentencing factors dictated by § 3553(a) and imposed a 300-month sentence. See 18 U.S.C. § 3553(a).

In 2014, the United States Sentencing Commission adopted Amendment 782 to the Guidelines (the "Amendment"). The Amendment, which was made retroactive, revised the drug quantity tables in § 2D1.1, generally reducing by two the offense levels assigned to each drug quantity. U.S.S.G. App C Supp., Amends. 782, 788. The Amendment set a base offense level of 32 for Brooks's offense. Level 32 was four levels below that set by the 2008 Guidelines under which he was sentenced. The applicable sentencing range was accordingly reduced from 262-327 months to 168-210 months.

Brooks moved pursuant to § 3582(c)(2) for a reduction to his sentence. Section 3582(c)(2) permits a court to reduce a defendant's prison term if the Sentencing Commission has, subsequent to the imposition of the original sentence, reduced the sentencing range applicable to the offense. 18 U.S.C. § 3582(c)(2).

In his motion papers Brooks asserted, correctly, that as a result of the Amendment his revised sentencing range was 168-210 months. The Probation Department supplied the court with an Abbreviated Supplemental Presentence Report (the "PSR"). Apparently assuming that the Amendment reduced Brooks's base offense *435level by two (as was the case for most defendants), and failing to recognize that in Brooks's unusual case the base offense level set by the Amendment was four levels below the 2008 level used for his sentence, the Probation Department erroneously advised that Brooks's new base offense level was 34, instead of 32. Accordingly, the Probation Department erroneously calculated a revised Guidelines range of 210-262 months. The Government filed papers in opposition to Brooks's motion. In those papers, the Government acknowledged Brooks's eligibility for a reduction, but, like the Probation Department, erroneously asserted that Brooks's revised sentencing range was 210-262 months. Brooks's reply papers, oddly, repeated the Government's error, asserting that the amended Guidelines range was 210-262 months.

On November 17, 2015, the district court denied Brooks's motion for a sentence reduction. Without stating whether it had determined that Brooks was eligible for a sentence reduction or whether it had calculated the Guidelines range that was applicable based on Amendment 782, the court denied the motion, explaining that it was doing so as an "exercise[ of] its discretion." Appendix 168. The court listed several factors it considered important to its decision, including Brooks's "lengthy criminal history," "pattern of recidivism," and "past conduct which demonstrates, regardless of long-term incarceration, that he fails to be rehabilitated." Id. Brooks brought the present appeal.

DISCUSSION

A district court's determination of a defendant's eligibility for a reduction of sentence is a matter of statutory interpretation and is reviewed de novo. United States v. Leonard , 844 F.3d 102, 106-07 (2d Cir. 2016). If a defendant is eligible for a reduction of sentence, we review a district court's decision to deny a § 3582(c)(2) motion for abuse of discretion. United States v. Christie , 736 F.3d 191, 195 (2d Cir. 2013).

Generally, a federal court "may not modify a term of imprisonment once it has been imposed." 18 U.S.C. § 3582(c). There are a few exceptions to this general rule, among them "the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission."

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United States v. Brooks, 891 F.3d 432 (2d Cir. 2018).

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