United States v. McNeese

819 F.3d 922, 2016 FED App. 0095P, 2016 U.S. App. LEXIS 6899, 2016 WL 1553730
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 18, 2016
DocketNo. 15-5548
StatusPublished
Cited by13 cases

This text of 819 F.3d 922 (United States v. McNeese) 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. McNeese, 819 F.3d 922, 2016 FED App. 0095P, 2016 U.S. App. LEXIS 6899, 2016 WL 1553730 (6th Cir. 2016).

Opinion

OPINION

BOGGS, Circuit Judge.

As a general rule, federal courts may not . modify a defendant’s sentence. 18 U.S.C. § 3582(c). A statutory exception to this basic tenet authorizes courts to reduce a sentence that is “based on” a sentencing range that was subsequently lowered by the United States Sentencing Commission (“Commission”). Id. § 3582(c)(2). But does that exception apply when a defendant was sentenced to a term of imprisonment set forth in a plea agreement executed pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C)? For years, this court held that a sentence based on a Rule 11(c)(1)(C) plea agreement could not be “based on” a sentencing range because Rule 11(c)(1)(C) “binds the [sentencing] court” to the agreed-upon sentence once the court accepts the plea agreement. Fed.R.Crim.P. 11(c)(1)(C). But in Freeman v. United States, 564 U.S. 522, 131 S.Ct. 2685, 180 L.Ed.2d 519 (2011), the Supreme Court held that a Rule 11(c)(1)(C) sentence may be “based on” a sentencing range for purposes of 18 U.S.C; § 3582(c)(2) if “the basis for the specified term is a Guidelines sentencing range” that is “evident from the [plea] agreement.” Id. at 2697 (Sotomayor, J., concurring in the judgment). This case tests the boundaries of what it means for a sentence under a Rule 11(c)(1)(C) plea agreement to be “based on” a Guidelines range. Robert McNeese, a federal prisoner sentenced pursuant to such an agreement, moved the district court to reduce his sentence in light of a retroactive reduction to the Guidelines’ base offense level for his drug offense. The district court denied the motion and - McNeese appealed.. Because McNeese’s plea agreement makes no mention, of a Guidelines sentencing range, nor is it evident in any other way from the agreement that his sentence is based on such a range, we affirm.

I

A

McNeese was a part owner of Corley’s Pharmacy in Greeneville, Tennessee, where he also worked as a supervisory pharmacist. In July 2010, a man by the name of Chucky Copas visited Corley’s Pharmacy to solicit sponsorships for a rodeo that he was supposedly organizing .for the benefit of children with disabilities, McNeese agreed to sponsor the rodeo in exchange for a sign that would advertise his pharmacy at the event.

In the months that followed, Copas returned to McNeese several times to ask for money, which McNeese agreed to lend. Copas ultimately admitted to McNeese that he was addicted to opioids and had been using McNeese’s money to buy drugs. Copas asked McNeese for help with his addiction, and McNeese obliged by giving Copas a few pills of buprenor-phine — which physicians use to treat opioid addiction — to help him cope. After the pills sickened Copas, Copas’s daughter called McNeese and explained that she was going to take her father to the hospital. McNeese told the woman to bring her father to the pharmacy instead,- where [924]*924McNeese gave him one hundred oxycodone pills to alleviate his withdrawal symptoms.

After Copas finished the pills, he asked McNeese for more. Without accepting any money, McNeese obliged and continued to supply Copas, who consumed most of the pills and sold any remaining pills for $20 apiece. By March 2011, McNeese was providing Copas with between 100 and 150 pills twice weekly. When McNeese sought to end this arrangement, Copas threatened to go to the police. Wary of the consequences for himself and his family, McNeese decided to continue supplying Copas.

Word soon spread that McNeese was Copas’s source of oxycodone, and in April, two of Copas’s acquaintances, Scottie Leach and Jimmy Hodges, told McNeese that they planned to inform the police about his activities, ostensibly in an attempt to protect Copas from an overdose. McNeese mollified Leach and Hodges by providing them with approximately sixty to one hundred oxycodone pills twice weekly, which the men used and distributed to others.

By the end of July, McNeese “realized that things were out of control and [that] he could no longer live in this manner.” McNeese revealed to his -business partner that he had illegally provided Copas and others with oxycodone. McNeese then contacted law enforcement and provided officers with a recorded admission of his involvement. A subsequent DEA audit of Corley’s Pharmacy uncovered a shortage of more than twenty thousand oxycodone pills.

B

A federal grand jury subsequently indicted McNeese for conspiring to distribute oxycodone, in violation of 21 U.S.C. §§ 841(a)(1), 846, distributing oxycodone, in violation of 21 U.S.C. § 841(a)(1), and false recordkeeping, in violation of 21 U.S.C. § 843(a)(4)(A). McNeese executed a written plea agreement, in which he agreed to plead guilty to the conspiracy charge. The agreement recounted that McNeese had cooperated with authorities and had stipulated to distributing at least 15,850 oxycodone pills, which the agreement mentioned “converts to” 2999.925 kilograms of marijuana. Pursuant to Rule 11(c)(1)(C), McNeese and the government agreed that a sentence of sixty-three months of imprisonment and a three-year term of supervised release would be an appropriate punishment for his crimes. The agreement mentioned that this sentence “takes into account the cooperation and assistance provided to' law enforcement in this investigation.” Aside from some language limiting the scope of McNeese’s waiver of appeal, however, the plea agreement nowhere mentioned or adverted to the Sentencing Guidelines or any range of punishment from which the sixty-three-month sentence derived.

After McNeese and the government executed the plea agreement, the probation officer prepared a pre-sentence report in which he calculated McNeese’s sentencing range. Relying primarily on the facts recounted in the plea agreement, the probation officer determined that McNeese had distributed oxycodone in an amount equivalent to 2999.925 kilograms of marijuana, resulting in a base offense level of thirty-two. The officer found that McNeese would be eligible for a two-level upward adjustment for abusing a position of public trust, see USSG § 3B1.3; for a three-level downward adjustment for accepting responsibility and assisting authorities, see USSG § 3El.l(a)-(b); and for another two-level downward adjustment pursuant to the “safety-valve” provision in USSG § 2Dl.l(b)(16) (2012). The resulting offense level of twenty-nine, together with [925]*925McNeese’s criminal-history category of I, yielded a sentencing range of between 87 and 108 months of imprisonment.

At McNeese’s sentencing hearing, the district court explained that it could either “accept the plea agreement and impose the agreed upon sentence or ... reject the plea agreement and give the defendant an opportunity to withdraw his guilty plea” and expressed its concern that the sixty-three-month sentence - in • the plea agreement might be inadequate.

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Cite This Page — Counsel Stack

Bluebook (online)
819 F.3d 922, 2016 FED App. 0095P, 2016 U.S. App. LEXIS 6899, 2016 WL 1553730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mcneese-ca6-2016.