United States v. Errol Washington

584 F.3d 693, 2009 U.S. App. LEXIS 23597
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 27, 2009
Docket09-5110, 09-5171
StatusPublished
Cited by1 cases

This text of 584 F.3d 693 (United States v. Errol Washington) 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. Errol Washington, 584 F.3d 693, 2009 U.S. App. LEXIS 23597 (6th Cir. 2009).

Opinions

[694]*694GRIFFIN, J., delivered the opinion of the court, in which SILER, J., joined. MOORE, J. (p. 701), delivered a separate opinion concurring in the judgment.

OPINION

GRIFFIN, Circuit Judge.

Defendant Errol Eugene Washington appeals the district court’s order denying, in part, his motion to reduce and modify his otherwise valid sentence pursuant to 18 U.S.C. § 3582(c)(2). Washington’s appeal presents an issue of first impression in our circuit: whether the district court, in modifying a sentence pursuant to § 3582(c)(2), has authority under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), to reduce a sentence beyond the retroactive United States Sentencing Guidelines amendment range. For the reasons explained below, we hold that the district court does not have such authority and therefore affirm the judgment of the district court.

I.

On May 1, 1995, Washington was convicted by jury of conspiracy to distribute crack cocaine in violation of 21 U.S.C. § 846 (Count 1), possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)(1) and aiding and abetting in violation of 18 U.S.C. § 2 (Count 2), and carrying a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924(c) (Count 3). On February 8, 1996, the district court determined that Washington’s total offense level was 38 and assessed his criminal history category at I, producing a Guidelines range of 235 to 293 months of imprisonment on Counts 1 and 2 and a five-year consecutive term of imprisonment on Count 3. The district court sentenced Washington to a total of 295 months of imprisonment.

While Washington was in prison, the Sentencing Commission adopted Amendment 706, effective November 1, 2007, which altered the drug quantity table set forth in U.S.S.G. § 2D1.1 to lower the base offense level for crack cocaine offenses by two levels. The Commission added Amendment 706 to the list set forth in U.S.S.G. § lB1.10(c), a policy statement that designates those Guidelines amendments that may be applied retroactively.1

Based upon Amendment 706, Washington filed a motion in the district court on August 11, 2008, requesting a modification of his 1996 sentence pursuant to 18 U.S.C. § 3582(c)(2), which provides a limited exception to the rule barring a court from altering a valid sentence once it has been imposed. Applying the amended drug quantity table, the district court reduced Washington’s base offense level from 38 to 36, yielding an amended Guidelines sentencing range of 188 to 235 months. Thereafter, the district court modified Washington’s sentence on Counts 1 and 2 to 188 months, the bottom of the amended Guidelines range. Washington moved for a further reduction, arguing that his sentence was greater than necessary to achieve its purpose under 18 U.S.C. § 3553(a). The district court denied this aspect of the motion, ruling that it lacked the authority to do so pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10(b)(2)(A). Washington also filed a Fed.R.Crim.P. 35(a) motion that the district court denied.2

Washington timely appeals.

[695]*695II.

“A district court’s denial of a motion to modify a sentence under 18 U.S.C. § 3582(c)(2) is reviewed under the abuse-of-discretion standard.” United States v. Perdue, 572 F.3d 288, 290 (6th Cir.2009). We have explained that a district court abuses its discretion when it relies on clearly erroneous findings of fact, improperly applies the law, or uses an erroneous legal standard. Id.

We review de novo the sentencing court’s interpretation of statutes. United States v. Corrado, 304 F.3d 593, 607 (6th Cir.2002). Regarding statutory construction, we are guided by the following well-established principles:

“[i]t is elementary that the meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain, and if the law is within the constitutional authority of the lawmaking body which passed it, the sole function of the courts is to enforce it according to its terms.” Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. 192, 61 L.Ed. 442 (1917). “If the words are plain, they give meaning to the act, and it is neither the duty nor the privilege of the courts to enter speculative fields in search of a different meaning.” Id. at 490, 37 S.Ct. 192. Recognizing the consequences of unbridled judicial forays into the legislative sphere, the Supreme Court has admonished “ ‘time and again that a legislature says in a statute what it means and means in a statute what it says there.’ ” Arlington Cent. Sch. Dist. Bd. of Ed. v. Murphy, 548 U.S. 291, 296, 126 S.Ct. 2455, 165 L.Ed.2d 526 (2006) (quoting Connecticut Nat. Bank v. Germain, 503 U.S. 249, 253-54, 112 S.Ct. 1146, 117 L.Ed.2d 391 (1992)). Accordingly, “[w]hen the statutory language is plain, the sole function of the courts — at least where the disposition required by the text is not absurd — is to enforce it according to its terms.” Id. (internal citations and quotation marks omitted). See also Robinson v. Shell Oil Co., 519 U.S. 337, 340, 117 S.Ct. 843, 136 L.Ed.2d 808 (1997) (“[The courts’] inquiry must cease if the statutory language is unambiguous and the statutory scheme is coherent and consistent.”) (internal citation and quotation marks omitted); Rubin v. United States, 449 U.S. 424, 430, 101 S.Ct. 698, 66 L.Ed.2d 633 (1981) (“When we find the terms of a statute unambiguous, judicial inquiry is complete, except in rare and exceptional circumstances.”).

Thompson v. N. Am. Stainless, LP, 567 F.3d 804, 807 (6th Cir.2009) (en banc).

III.

“A district court may modify a defendant’s sentence only as provided by statute.” Perdue, 572 F.3d at 290. Section 3582(c)(2) of Title 18 provides, in relevant part:

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Related

United States v. Washington
584 F.3d 693 (Sixth Circuit, 2009)

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Bluebook (online)
584 F.3d 693, 2009 U.S. App. LEXIS 23597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-errol-washington-ca6-2009.