United States v. Kevin Daniels

420 F. App'x 572
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 27, 2011
Docket09-3863
StatusUnpublished
Cited by1 cases

This text of 420 F. App'x 572 (United States v. Kevin Daniels) 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. Kevin Daniels, 420 F. App'x 572 (6th Cir. 2011).

Opinions

OPINION

McKEAGUE, Circuit Judge.

Defendant Kevin Daniels appeals from the denial of his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2). Daniels pled guilty to a crack cocaine offense, and the district court imposed a sentence of 41 months — below the mandatory minimum — because the government [573]*573sought a downward departure for Daniels’ “substantial assistance.” After amendments to the United States Sentencing Guidelines (U.S.S.G.) lowered the guideline sentencing range applicable to his offense, Daniels sought a sentence reduction under 18 U.S.C. § 8582(c). The district court denied the motion because his sentence was based on a mandatory minimum. While it does appear that Daniels’ sentence was “based on” the guideline range that has now been lowered, that range was not the one “applicable to” him under this Court’s precedent and he is therefore not entitled to a reduction. We AFFIRM.

I.

Defendant Kevin Daniels pled guilty in 2006 to one count of Conspiracy to Possess with Intent to Distribute 50 grams or more of crack cocaine, within 1,000 feet of a public school, in violation of 21 U.S.C. §§ 841(a)(1), 846, and 860(a). The defendant and government agreed that Daniels had a base offense level of 26 under U.S.S.G. § 2Dl.l(c)(7). They also stipulated that a two-level increase was appropriate because the offense was committed within 1,000 feet of school property, U.S.S.G. § 2D1.2(a)(l), as well as a three-level reduction for acceptance of responsibility. U.S.S.G. § 3El.l(a)-(b). This brought Daniels’ offense level to 25. With a Criminal History Category of IV, his sentencing guideline range would be 84-105 months. U.S.S.G. Sent. Table, Ch. 5, Pt. A. A mandatory minimum of 60 months was applicable under 21 U.S.C. § 841(b)(1)(B), but at that time, the mandatory minimum was below the advisory guideline range.

However, at sentencing, the government strenuously moved for a six-level reduction under U.S.S.G. § 5K1.1, based on “substantial assistance.” The government explained that Daniels had been an honest, helpful, and effective witness in several key drug-prosecution cases. The attorney stated that Daniels never lied to him, and did an “outstanding job” as “the best witness the United States had.” The special agent involved in the investigation also spoke on Daniels’ behalf, noting that “there were 29 individuals arrested” in this investigation, and “Mr. Daniels is the only one that agreed to sit down and talk to us.” The court agreed, granting not only the six-level reduction, but also adding an additional departure of one level — to seven levels. The judge stated that she “found [Daniels’] cooperation to be extraordinary and the likes of which [she has] not seen in the 20 years” that she has been a judge. The judge therefore began with the sentencing offense level of 25 and deducted 7. With a total offense level of 18, and a Criminal History Category of IV, the resulting guideline range was 41-51 months. The judge sentenced Daniels to 41 months.

This sentence was below the mandatory minimum of five years, applicable under 21 U.S.C. § 841(b)(1)(B). However, the government’s motion for a “substantial assistance” reduction was made under U.S.S.G. § 5K1.1, which states that a court may depart below the guidelines or the mandatory minimum if the defendant has provided “substantial assistance” in investigation or prosecution.1 Though the mandatory [574]*574minimum was never explicitly acknowledged at the sentencing hearing, it was recognized in the Presentence Report, and the government explicitly moved for the six-level reduction “under 5K1.1 for substantial assistance,” bringing the range below that minimum. The court discussed its reasons for granting such a reduction at length. Therefore, the ultimate sentence received by Daniels was 41 months.

Later, Amendments to the Sentencing Guidelines reduced the offense level for Daniels’ offense by two levels, and this reduction was allowed to have retroactive effect by Amendment 713. See U.S.S.G.App. C, amend. 706, 711, 713. Based on this change, Daniels moved in June 2009 for a sentence reduction, pursuant to U.S.S.G. § 1B1.10 and 18 U.S.C. § 3582(c)(2).2 He argued that since the district court calculated his sentence using the guideline range that has now been reduced, he is entitled to such a reduction. The government opposed the motion. The district court denied the motion, finding that the defendant was not eligible for a reduction because he was subject to a mandatory minimum sentence. This appeal timely followed.

II.

While a district court’s decision to deny a motion for sentence reduction is generally reviewed for abuse of discretion, United States v. Curry, 606 F.3d 323, 327 (6th Cir.2010), a determination that the court lacks the authority to reduce the sentence is a question of law that we review de novo. Id. A defendant’s sentence may not be modified except as provided by statute. United States v. Johnson, 564 F.3d 419, 421 (6th Cir.2009). Through U.S.S.G. § 1B1.10 and 18 U.S.C. § 3852(c)(2), certain Amendments to the Sentencing Guidelines were made retroactive. Section 3582(c)(1) provides that a district court may reduce a sentence that is “based on a sentencing range that has subsequently been lowered,” but only “if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.” 18 U.S.C. § 3582(c)(2) (emphasis added).

The relevant Policy Statement is U.S.S.G. § 1B1.10, which identifies when Guideline Amendments may be applied retroactively:

(1) In General. — In a case in which a defendant is serving a term of imprisonment, and the guideline range applicable to that defendant has subsequently been lowered as a result of an amendment to the Guidelines Manual ... the court may reduce the defendant’s term of imprisonment as provided by 18 U.S.C. § 3582(c)(2) [A]ny such reduction in the defendant’s term of imprisonment shall be consistent with this policy statement.
(2) Exclusions. — A reduction in the defendant’s term of imprisonment is not consistent with this policy statement and therefore is not authorized under 18 U.S.C. § 3582(c)(2) if—

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Jerrell Edwards
432 F. App'x 558 (Sixth Circuit, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
420 F. App'x 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kevin-daniels-ca6-2011.