United States v. Martin

171 F. Supp. 3d 489, 2016 U.S. Dist. LEXIS 40650, 2016 WL 1274088
CourtDistrict Court, E.D. Virginia
DecidedMarch 16, 2016
DocketCase No. 1:00-CR-226
StatusPublished

This text of 171 F. Supp. 3d 489 (United States v. Martin) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Martin, 171 F. Supp. 3d 489, 2016 U.S. Dist. LEXIS 40650, 2016 WL 1274088 (E.D. Va. 2016).

Opinion

ORDER

T.S. Ellis, III, United States District Judge

Fifteen years ago, movant in this matter was convicted of two serious drug offenses and sentenced to life imprisonment, despite a Criminal History departure. Thereafter, movant sought, on two separate occasions in 2008 and 2012, a reduction in his sentence pursuant to 18 U.S.C. § 3582(c)(2). Movant’s first effort resulted in a two level decrease in his guideline range, but. no sentence reduction as the amended range still began at life imprisonment. Movant’s second effort succeeded, as a subsequent retroactive amendment further reduced the bottom of movant’s guideline range to 360 months, and accordingly, movant’s sentence was reduced to 360 months. Now, movant seeks a third § 3582(c)(2) reduction in sentence on the ground that the United States Sentencing Commission (the “Sentencing Commission”) has given retroactive effect to United States Sentencing Guidelines (“USSG”) Amendment 782, which reduces all drug offenses by two levels.

Movant’s motion presents two questions: (i) whether movant’s new guideline range should be based on his originally calculated criminal history category or on the criminal history category applied after a downward departure was granted in the original sentencing proceeding, and (ii) whether, in any event, a reduction in movant’s sentence is appropriate pursuant to 18 U.S.C. § 3553(a).

I.

On November 20, 2000, movant was convicted of (i) conspiracy to possess with [490]*490intent to distribute 50 grams or more of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and (ii) aiding and abetting another in the possession with intent to distribute 50 grams or more of crack cocaine, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. On February 9, 2001, movant was sentenced on both counts concurrently, after a departure from a Criminal History III to Criminal History II, to life imprisonment. The original guidelines findings were as follows:

Drug quantity (1.5 kilograms or more of crack cocaine) 38
Dangerous weapon possessed +2
Role in the Offense Adjustment (3B1.1 (b) - 3 level increase for role; 3B1.4 - 2 level increase for use of minor) +5
Offense Level Total (Presentence Report) 45
Criminal History Category (Departure from Criminal History III)
Guideline Range Life
Sentenced Imposed Life

On December 3, 2008, movant filed a motion for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10 on the ground that USSG Amendment 9 retroactively lowered the guideline range for his crack cocaine offenses. Although USSG Amendment 9 reduced movant’s overall USSG range from 45 to 43, it did not result in a USSG range lower than life imprisonment for movant. Accordingly, an Order issued reducing movant’s guideline range from 45 to 43, but denying movant’s request to lower his then existing sentence of life imprisonment because, pursuant to § 3582(c)(2), a sentence may not be reduced lower than the applicable guideline range. United States v. Martin, No. 1:00-CR-226 (June 2, 2009) (Order) (Doc. 185). Movant appealed the Order denying a sentence reduction, and the Fourth Circuit affirmed the denial. United States v. Martin, 363 Fed.Appx. 229 (4th Cir.2010).

On September 24, 2012, movant filed a second § 3582(c)(2) motion seeking a reduction in sentence on the ground that USSG Amendment 750 retroactively lowered the guideline range for his crack cocaine offenses. Thereafter, on November 14, 2012, the government filed a response in support of a two level guidelines reduction, from level 43 to 41, resulting in a guideline range of 360 months to life. Accordingly, on November 28, 2012, an Order issued reducing movant’s sentence from life to 360 months. United States v. Martin, No. 1:00-CR-226 (November 28, 2012) (Order) (Doc. 201).

On June 29, 2015, movant filed the instant § 3582(c)(2) motion- — his third motion for a reduction in sentence — this one on the ground that USSG Amendment 782 lowered the guideline range for all drug offenses by two levels and was made retroactive by USSG Amendment 788. On July 2, 2015, an Order issued appointing the Office of the Federal Public Defender (FPD) to represent movant for purposes of determining whether movant qualified for a reduction in sentence. United States v. Martin, No. 1:00-CR-226 (July 2, 2015) (Doc. 212). Thereafter, on January 20, 2016, movant informed the FPD by mail that he had elected to proceed pro se and [491]*491requested that the FPD not file any additional motions or supplements on movant’s behalf with respect to his pending § 3582(c)(2) motion.

II.

When the Sentencing Commission makes an amendment retroactive, a court “may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.” 18 U.S.C. § 3582(c)(2). As the Supreme Court has made clear, “[t]he relevant policy statement, U.S.S.G. § 1B1.10, instructs courts proceeding under § 3582(c)(2) to substitute the amended [USSG] range while ‘leaving] all other guideline application decisions unaffected.’ ” Dillon v. United States, 560 U.S. 817, 821, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010). Importantly, the Supreme Court has further elucidated that “§ 1131.10(b)(2)(A) forecloses a court acting under § 3582(c)(2) from reducing a sentence ‘to a term that is less than the minimum of the amended guideline range.’ ” Id. at 822, 130 S.Ct. 2683. In making a § 3582(c)(2) determination, the Supreme Court has instructed district courts to adhere to the following “two-step approach”:

At step one, § 3582(c)(2) requires the court to follow the Commission’s instruction in § IB 1.10 to determine the prisoner’s eligibility for a sentence modification and the extent of the reduction authorized. Specifically, lB1.10(b)(l) requires the court to begin by “deter-min[ing] the amended guideline range that would have been applicable to the defendant” had the relevant amendment been in effect at the time of the initial sentencing. “In making such a determination, the court shall substitute only the amendments listed in subsection (c) for the corresponding guideline application decisions unaffected.” Ibid.

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Related

Dillon v. United States
560 U.S. 817 (Supreme Court, 2010)
United States v. Martin
356 F. Supp. 2d 621 (W.D. Virginia, 2005)
United States v. Martin
145 F. App'x 840 (Fourth Circuit, 2005)
United States v. Martin
363 F. App'x 229 (Fourth Circuit, 2010)

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Bluebook (online)
171 F. Supp. 3d 489, 2016 U.S. Dist. LEXIS 40650, 2016 WL 1274088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-martin-vaed-2016.