United States v. Carruthers

28 F. App'x 405
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 16, 2002
DocketNo. 00-6156
StatusPublished
Cited by1 cases

This text of 28 F. App'x 405 (United States v. Carruthers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Carruthers, 28 F. App'x 405 (6th Cir. 2002).

Opinion

OPINION

MOORE, Circuit Judge.

The United States appeals the district court’s downward departure in resentencing Defendanb-Appellee Ronald Carruthers. The district court departed from the guideline range of ninety-seven to 121 months down to eighty-four months of imprisonment based on Carruthers’s post-conviction rehabilitation. Given the substantial deference due to a district court’s decision to grant a downward departure, we AFFIRM Carruthers’s sentence.

I. BACKGROUND

On August 31, 1998, Carruthers pleaded guilty to one count of possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Although the presentencing report (“PSR”) calculated a guidelines range of ninety-seven to 121 months’ imprisonment, at Carruthers’s initial sentencing hearing the district court departed downward, based on the “totality of these facts and circumstances,” and sentenced Carruthers to eighty-four months’ imprisonment. In a previous unpublished opinion, we vacated that sentence, holding that the grounds relied upon by the district court were not proper grounds for a downward departure, and remanded to the district court for resentencing. United States v. Carruthers, Nos. 99-5037/99-5058, 2000 WL 712382 (6th Cir. May 23, 2000).

At the subsequent resentencing hearing, defense counsel made an oral motion for a downward departure based on Carruth[407]*407ers’s post-conviction rehabilitation pursuant to U.S. Sentencing Guidelines Manual (“U.S.S.G.”) § 5K2.0 (1997). In support of this motion, defense counsel submitted correspondence from members of the community in support of Carruthers, certificates evidencing that Carruthers had completed a number of courses while incarcerated, including courses in photography, a foreign language, and physical education, and statements from counselors and instructors relating to Carruthers’s activities in prison. Defense counsel argued:

The counselors have indicated that Mr. Carruthers has manifested a certain eagerness to improve himself, he’s been a good student, been prompt, if not early, he’s been consistent and regular in his attendance of those classes, and I think that does go to not just obeying the rules but does at least display to this court a commitment to try and do something to better himself.

Joint Appendix (“J.A.”) at 37. In addition, Carruthers spoke in his own behalf at the hearing, emphasizing that he had taken the district court’s advice from his initial sentencing hearing and had applied himself in an effort “to rehabilitate himself and to do some productive things.” J.A. at 40. The United States opposed this motion, arguing that the record did not disclose that Carruthers’s efforts, while admirable, had been sufficiently extraordinary to warrant the requested downward departure.

The district court granted Carruthers the downward departure for post-conviction rehabilitation, concluding (speaking directly to Carruthers):

I am encouraged by the documents that you and [defense counsel] have shown me this morning, I do think that what you have embarked upon is more than simply obeying the rules and doing what is expected because ... I think that you have taken the path that you are going to use this experience and get all that you can from it so that you can in fact go back in society and be productive.

J.A. at 45. On July 12, 2000, the district court reimposed the sentence of eighty-four months. This timely appeal followed.

II. ANALYSIS

We review a district court’s decision to depart downward from the applicable guideline range for abuse of discretion. See Koon v. United States, 518 U.S. 81, 98, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996). In Koon, the Supreme Court held that “[a] district court’s decision to depart from the Guidelines ... will in most cases be due substantial deference, for it embodies the traditional exercise of discretion by a sentencing court.” Id. “Before a departure is permitted, certain aspects of the case must be found unusual enough for [the case] to fall outside the heartland of cases in the Guideline.” Id. This determination requires “a refined assessment of the many facts bearing on the outcome, informed by [the sentencing court’s] vantage point and day-to-day experience in criminal sentencing.” Id. The Koon Court concluded that sentencing courts have “an institutional advantage” over appellate courts in making such determinations, given that the overwhelming majority of guidelines cases are not appealed. Id.

Koon also held, however, that “whether a factor is a permissible basis for departure under any circumstances is a question of law, and the court of appeals need not defer to the district court’s resolution of the point.” Id. at 100, 116 S.Ct. 2035. “The abuse-of-discretion standard includes review to determine that the discretion was not guided by erroneous legal conclusions.” Id.

We have held that a district court may depart downward to account for post-con[408]*408viction (or “post-sentence”) rehabilitation “when ‘[such rehabilitation] is present to an exceptional degree or in some other way makes the case different from the ordinary case where the factor is present.’ ” United States v. Rudolph, 190 F.3d 720, 725 (6th Cir.1999) (quoting Koon, 518 U.S. at 96, 116 S.Ct. 2035). Rudolph held that, for such rehabilitation to qualify for the downward departure, it “must far exceed that required for eligibility for the acceptance-of-responsibility sentence reduction of USSG § 3E1.1, and must seem extraordinary or exceptional when compared to the rehabilitation of other defendants.” Id. at 728. Moreover, a sentencing court “may grant the departure only when the extraordinary rehabilitation takes the ease out of the heartland anticipated by the guidelines.” Id.

Although a recent amendment to the Sentencing Guidelines, U.S.S.G. § 5K2.19, App. C, amendment 602 (effective Nov. 1, 2000), has eliminated the downward departure for post-sentencing rehabilitation efforts, this amendment was not effective at the time of Carruthers’s resentencing. See United States v. Buckley, 251 F.3d 668, 670 (7th Cir.2001) (noting that § 5K2.19 was not effective at the time of resentencing and thus that the downward departure for post-sentencing rehabilitation was theoretically available); United States v. Yeaman, 248 F.3d 223, 228 (3d Cir.2001) (same). Thus, despite this recent prospective change in the Sentencing Guidelines, we must consider the district court’s downward departure in the present case under Rudolph.

The evidence presented to the sentencing court in this case indicates that Carruthers’s efforts went beyond “mere rehabilitation,” the taking of required courses, or the performance of required labor. See Rudolph, 190 F.3d at 728. See also United States v. Johnson, No. 98-2212, 2000 WL 222572, at *7 (6th Cir. Feb. 16, 2000).

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