United States v. Freeman

347 F. App'x 761
CourtCourt of Appeals for the Third Circuit
DecidedOctober 6, 2009
DocketNo. 08-4592
StatusPublished

This text of 347 F. App'x 761 (United States v. Freeman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Freeman, 347 F. App'x 761 (3d Cir. 2009).

Opinion

OPINION OF THE COURT

FISHER, Circuit Judge.

Dennis Freeman appeals the order of the District Court denying in part his motion for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2). The District Court granted a sentence reduction based on an amendment to the Sentencing Guidelines for crack cocaine offenses, but denied Freeman an additional sentence reduction under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Because Freeman’s interpretation of the Sentencing Guidelines and applicable policy statements was rejected by this court in United States v. Doe, 564 F.3d 305 (3d Cir.2009), we will affirm.

I.

We write exclusively for the parties, who are familiar with the factual context and legal history of this case. Therefore, we will set forth only those facts necessary to our analysis.

In 2002, Dennis Freeman pled guilty to one count of conspiracy to distribute crack cocaine base in violation of 21 U.S.C. § 846. At his sentencing hearing, the District Court determined that the base offense level for the distribution of 549.7 grams of crack cocaine was 36. This base level was increased by two levels for possession of a firearm in connection with the offense for a total offense level of 38. U.S.S.G. § 2Dl.l(b)(l). Freeman was also classified as a career offender under § 4B1.1 based on two prior felony drug convictions, which carried an offense level of 37. Because Freeman’s total offense level was greater than the career offender level, Freeman’s offense level for sentencing was based on the higher § 2D1.1 level [763]*763of 38. Freeman’s offense level was then reduced by two levels for acceptance of responsibility under § 3El.l(a) for an adjusted offense level of 36. Freeman’s criminal history category was VI based on 13 criminal history points.

At the sentencing hearing, Freeman asked the District Court for an additional one-level reduction for timely acceptance of responsibility under § 3El.l(a), and a downward departure under § 4A1.3 on the grounds that the criminal history category overrepresented his criminal record. The District Court granted these motions, bringing Freeman’s adjusted offense level to 35 and his criminal history category to V. The District Court then sentenced Freeman to a 270 month term of imprisonment, on the lower end of the 262 to 327 month range set by the Guidelines.

Effective November 1, 2007, Amendment 706 to the Guidelines reduced by two levels the offense levels applicable to crack cocaine offenses. The Commission designated the amendment for retroactive application. U.S.S.GApp. C., Amend. 713.

On April 15, 2008, Freeman filed a Motion to Modify Terms of Imprisonment pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 706. The District Court determined that, accounting for the two-level reduction provided by Amendment 706 and the two-level increase for possession of a firearm, Freeman’s amended base offense level was 36. Because the base offense level was now less than the career offender level of 37, the Court followed the mandate of § 4B1.1 that the sentence be based on Freeman’s career offender level. After applying the original three-level reduction for timely acceptance of responsibility, Freeman’s amended offense level was 34 and his criminal history category was V, making the guideline sentence range 235 to 293 months. The District Court sentenced Freeman to a 235 month term of imprisonment. This timely appeal followed.

II.

The District Court had jurisdiction over Freeman’s criminal prosecution under 18 U.S.C. § 3231 and jurisdiction to adjudicate Freeman’s motion for a reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2). We have appellate jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a).

We exercise plenary review of the District Court’s interpretation of the Sentencing Guidelines, but review the District Court’s ultimate decision to grant or deny a motion to reduce sentence under 18 U.S.C. § 3582(c) for abuse of discretion. United States v. Mateo, 560 F.3d 152, 154 (3d Cir.2009).

III.

A.

Freeman argues that the District Court was not bound by the policy statement in § 1B1.10 to apply a sentence within the Guidelines for his career offender level because the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), rendered all of the Sentencing Guidelines advisory. This argument misunderstands the impact of Booker on a motion for a reduction in sentence under § 3582(c)(2).

In most cases, a district court may not grant a reduction in sentence after it has been imposed. United States v. Wise, 515 F.3d 207, 220 (3d Cir.2008). Congress has, however, granted district courts the authority to reduce sentences after they are imposed if the sentence is based on a Guideline range that is later reduced by the Sentencing Commission. 18 U.S.C. § 3582(c)(2). This authority is constrained by the requirement that “such a reduction [764]*764is consistent with applicable policy statements issued by the Sentencing Commission.” Id.

The Sentencing Guidelines policy statement provides that when a district court is considering a motion to reduce a defendant’s sentence pursuant to 18 U.S.C. § 3582(c), the court must determine the amended guideline range and substitute only the amended guideline provision, leaving all other guideline applications decisions unaffected. See U.S.S.G. § lB1.10(b)(l). The policy statement further provides that a defendant’s sentence may not be reduced “to a term that is less than the minimum of the amended guideline range determined under subdivision (1).” Id. § lB1.10(b)(2)(A).

Freeman argues that the District Court could have ignored his career offender offense level and sentenced him under his new adjusted base offense level. Freeman further asserts that the Court could have reduced his sentence to a term even less than the range set by the Guidelines. While Freeman does not contend that such a result comports with § 1B1.10, he argues that the policy statement is only advisory in light of Booker.

In United States v.

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Related

United States v. Booker
543 U.S. 220 (Supreme Court, 2004)
United States v. Doe
564 F.3d 305 (Third Circuit, 2009)
United States v. Mateo
560 F.3d 152 (Third Circuit, 2009)
United States v. Wise
515 F.3d 207 (Third Circuit, 2008)

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Bluebook (online)
347 F. App'x 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-freeman-ca3-2009.