United States v. Reed

629 F. App'x 19
CourtCourt of Appeals for the Second Circuit
DecidedOctober 16, 2015
DocketNo. 14-3812-cr
StatusPublished

This text of 629 F. App'x 19 (United States v. Reed) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. Reed, 629 F. App'x 19 (2d Cir. 2015).

Opinion

SUMMARY ORDER

On November 7, 2013, Defendant Lamont Reed pled guilty to one count of conspiracy to possess with intent to distribute 28 grams or more of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(iii), 846. After a sentencing hearing, Reed was sentenced to 110 months’ imprisonment. On appeal, he challenges, both through counsel and proceeding pro se, the procedural reasonableness and substantive reasonableness of his sentence. In sentencing, “[w]e review the work of district courts under a deferential abuse-of-discretion standard.” United States v. Cavera, 550 F.3d 180, 189 (2d Cir.2008) (en Banc) (internal quotation marks omitted). We assume the parties’ familiarity with the facts and the record below, which we reference only as necessary to explain our decision.

A sentence is procedurally unreasonable if the district court “fails to calculate (or improperly calculates) the Sentencing Guidelines range, treats the Sentencing Guidelines as mandatory, fails to consider the [18 U.S.C.] § 3553(a) factors, selects a sentence based on clearly erroneous facts, or fails adequately to explain the chosen sentence.” United States v. Robinson, 702 [21]*21F.3d 22, 38 (2d Cir.2012). We review “the district court’s interpretation of the Sentencing Guidelines de novo and its findings of fact for clear error.” United States v. Phillips, 431 F.3d 86, 89 (2d Cir.2005). The statute further requires that the district court must “state in open court the reasons for its imposition of the particular sentence.” 18 U.S.C. § 3553(c).

Reed first argues, through counsel, that the District Court failed to consider the “nature and circumstances of the offense” properly, as required by § 3553(a), specifically failing to consider Reed’s limited role in the enterprise. We disagree. Even if the record were not clear, we would presume “in the absence of record evidence suggesting otherwise ... that a sentencing judge has faithfully discharged her duty to consider the statutory factors.” United States v. Verkhoglyad, 516 F.3d 122, 129 (2d Cir.2008) (internal quotation marks omitted). Here, there is no need to presume, as Judge Eginton clearly stated his agreement with the Government’s contention that Reed’s role was not minor, Gov’t App. 34, but nonetheless set the sentence at the bottom of the Guidelines range based on defense counsel’s arguments.

Reed next argues, also through counsel, that the District Court erred in failing to consider the gross disparities between sentences for offenses involving crack and powder cocaine. It is clear the argument regarding crack-to-powder ratios was made to the District Court and the judge considered it in his sentencing. Although the District Court stated that it agreed “philosophically” with the 1:1 ratio, it determined that it would “stick[] to a uniform approach” in order to avoid disparity in sentencing between defendants in the same case. Gov’t App. 32-33. Uniform sentencing of codefendants is a legitimate (but not compulsory) consideration in sentencing, see United States v. Williams, 524 F.3d 209, 216 (2d Cir.2008), and thus the District Court did not abuse its discretion in sentencing Reed under a ratio used for his codefendants as well.

In his supplemental pro se brief, Reed mounts three additional challenges to his sentencing. Before proceeding, we pause to note that we construe arguments in pro se appellate briefs “liberally and interpret them to raise the strongest arguments they suggest.” Wright v. Commissioner, 381 F.3d 41, 44 (2d Cir.2004).

Reed argues the District Court improperly applied the sentencing guideline for calculating prior criminal history in two ways. First, he contends that the Guidelines always require that sentences in the same charging instrument or imposed on the same day be counted as a single sentence. Reviewing the Guidelines de novo, we find Reed’s argument inconsistent with the plain text: sentences are only counted as a single sentence “[i]f there is no intervening arrest,” U.S.S.G. § 4A1.2(a)(2), and Reed’s two sentences — one for carrying a dangerous weapon and the second for failing to appear on that charge — were separated by such an arrest. Second, Reed contends that the District Court incorrectly counted a partially suspended sentence as over one year and one month in violation of U.S.S.G. § 4A1.2(e). Again, Reed’s argument is inconsistent with the plain text: Reed’s parole on the suspended sentence was revoked, which under the Guidelines, combines the time he initially served with the time to which he was sentenced upon revocation, U.S.S.G. § 4A1.2(k). Thus, the District Court committed no error in calculating Reed’s prior criminal history.

Reed next argues the District Court was obligated to order a competency hearing when, during the sentencing colloquy, Reed admitted to taking other inmates’ medication. A district court is re[22]*22quired to order a competency hearing “on its own motion, if there is reasonable eause to believe that the defendant may 'presently be suffering from a mental disease or defect rendering him mentally incompetent.” 18 U.S.C. § 4241(a) (emphasis added). There are “no fixed or immutable signs which invariably indicate the need for further inquiry,” and a district court’s decision that reasonable cause is absent “is reviewed only for abuse of discretion.” United States v. Quintieri, 306 F.3d 1217, 1233 (2d Cir.2002) (internal quotation marks omitted). The District Court did not abuse its discretion in failing to hold a competency hearing. Reed’s statements that he took medication in jail did not indicate he had taken them at the time of sentencing, and he had in fact testified under oath just previously that he was not under the influence of drugs or alcohol. Gov’t App. 20-21. The District Court was entitled to rely on this sworn statement, of. United States v. Hernandez, 242 F.3d 110, 112 (2d Cir.2001) (per curiam), especially when Reed’s defense counsel did not suggest his client was unable to assist in his own defense, see United States v. Kirsh, 54 F.3d 1062, 1071 (2d Cir.1995), and when Reed himself engaged with the District Court in a clearly competent manner, cf. United States v. Lora, 895 F.2d 878, 881 (2d Cir.1990).

Next, Reed argues that he was sentenced for a quantity of crack cocaine — 203 grams — that was unsupported by the facts.

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242 F.3d 110 (Second Circuit, 2001)
United States v. Ernesto Quintieri, Carlo Donato
306 F.3d 1217 (Second Circuit, 2002)
United States v. James Rinaldo Jackson
346 F.3d 22 (Second Circuit, 2003)
Raymond Wright v. Commissioner of Internal Revenue
381 F.3d 41 (Second Circuit, 2004)
United States v. Anthony Phillips
431 F.3d 86 (Second Circuit, 2005)
United States v. Robinson
702 F.3d 22 (Second Circuit, 2012)
United States v. Williams
524 F.3d 209 (Second Circuit, 2008)
United States v. Cavera
550 F.3d 180 (Second Circuit, 2008)

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Bluebook (online)
629 F. App'x 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-reed-ca2-2015.