United States v. Rodriguez-Rosado

854 F.3d 122, 2017 WL 1395754, 2017 U.S. App. LEXIS 6740
CourtCourt of Appeals for the First Circuit
DecidedApril 19, 2017
Docket15-1335P
StatusPublished
Cited by3 cases

This text of 854 F.3d 122 (United States v. Rodriguez-Rosado) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Rodriguez-Rosado, 854 F.3d 122, 2017 WL 1395754, 2017 U.S. App. LEXIS 6740 (1st Cir. 2017).

Opinion

HOWARD, Chief Judge.

Defendant-Appellant Wilfredo Rodrí-guez-Rosado appeals from the district court’s denial of his motion to reduce sentence pursuant to 18 U.S.C. § 3582(c)(2). Under the' unique circumstances of this case, we conclude that the prudent course is to remand for the district court to apply its own administrative directive.

I.

In May 2010, Rodriguez pled guilty to participating in a conspiracy to possess with intent to distribute between fifteen and fifty kilograms of cocaine. See 21 U.S.C. §§ 841(a)(1), 841(b)(l)(A)(ii), 846. Rodriguez, who was an American Airlines employee at the time, utilized commercial flights to transport large amounts of cocaine from Puerto Rico to the continental United States. Rodriguez’s plea agreement indicates that he was the “Leader” of the drug trafficking conspiracy, which continued for approximately ten years and involved more than 9,000 kilograms of cocaine. In October 2010, the district court, consistent with the parties’ joint recommendation, sentenced Rodriguez to 180 months’ imprisonment.

In November 2014, Rodriguez filed a motion to reduce his sentence, citing an April 2014 amendment to the sentencing guidelines (“Amendment 782”), which was given retroactive effect by the Sentencing Commission. Amendment 782 reduced the base offense level (“BOL”) for certain drug crimes by two levels, effective November 1, 2014. See U.S.S.G. App. C Supp., Amend. 782. At the time of his sentencing, Rodriguez’s guideline sentencing range (“GSR”) was based on the then-applicable BOL of thirty-four. Under Amendment 782, however, Rodriguez’s BOL would be thirty-two. See U.S.S.G. § 2Dl.l(c)(4) .(2016).

Amendment 782, as expected, generated thousands of sentence reduction motions. Indeed, in the District of Puerto Rico alone, more than 1,400 such motions were decided before the end of 2016. See U.S. Sentencing Comm’n, 2014 Drug Guidelines Amendment Retroactivity Data Report, Table 1 (Jan. 2017). On November 6, 2014, just five days after Amendment 782’s effective date, the Puerto Rico District Court issued an administrative directive (“AD 14-426”) outlining a procedure for handling the impending onslaught of motions. Under AD 14-426, all motions to reduce sentence based on Amendment 782 are automatically referred to a magistrate judge for “initial screening.” At this preliminary stage, the magistrate judge evaluates only the defendant’s potential eligibility for a sentence reduction. A defendant is not eligible if, for example, the relevant amendment does not apply to him or does not lower his GSR. See U.S.S.G. § lB1.10(a)(2). If the magistrate judge determines that a given defendant may be eligible, the government, defense counsel, and probation officer “shall meet to discuss the case” in an attempt to reach a stipulation. In the event that the participants are unable to agree, they are directed to file memoranda with the district court. The court is then tasked with resolving the issue. AD 14-426 expressly provides that it is not “intended to confer individual rights to litigants, nor limit the discretion of judicial officers.”

In the present case, on November 26, 2014, the district judge sua sponte denied Rodriguez’s motion before the magistrate *124 judge had the opportunity to make an eligibility determination pursuant to AD 14-426. The court explained that Rodriguez “was the maximum leader of an elaborate drug trafficking organization that operated for many years packaging and transporting over 9000 kilos of cocaine.” About a month later, the magistrate judge, to whom the motion had automatically been referred under AD 14-426, issued a report and recommendation indicating that Rodriguez “may be eligible for a sentence reduction and therefore the matter is referred to a United States District Judge.” On December 30, 2014, the district court, in a brief text order, rejected the report, and recommendation, stating that Rodriguez’s motion “has been denied” and citing its own prior order. On appeal, Rodriguez challenges the district court orders denying his motion for sentence reduction, arguing, among other things, that the court failed to apply its own administrative directive.

II.

The parties first dispute whether Rodriguez has filed a timely notice of appeal. Under Fed. R. App. P. 4(b), such a notice must, absent an extension, be filed within fourteen days of the judgment or order being appealed. In his opening brief, Rodriguez cited a February 18, 2015 “Form for Selection of Counsel” (reflecting Rodriguez’s request to proceed pro se) 1 to establish the timeliness of his appeal. As the government points out, however, that document was filed well over fourteen days after both of the relevant district court orders, entered on November 26 and December 30, 2014, respectively. The government moved for summary dismissal, but we reserved the issue of timeliness for the merits panel and directed the parties to address in their response and reply briefs whether any filings other than the February 18 form might have provided timely and sufficient notice.

As requested, the government preemptively argued in its brief that no other documents filed by Rodriguez were both timely under Rule 4 and specified “the judgment, order, or part thereof being appealed,” as required by Fed. R. App. P. 3(c)(1)(B). In so arguing, the government discussed a December 8, 2014 Form for Selection of Counsel. That document listed the applicable district court' docket number and requested that Hector L. Ramos-Vega be appointed to represent Rodriguez on appeal. At the time of this filing, however, Rodriguez had another appeal pending in this court (No. 14-1010) stemming from the same district court case. In that appeal, the details of which are not relevant here, Rodriguez had challenged the district court’s denial of his motion for post-convietion relief under 28 U.S.C. § 2255. As the government notes, other than listing the district court docket number, Rodriguez’s December 8 filing contained no information about the judgment or order being appealed. See Fed. R. App. P. 3(c)(1)(B). Accordingly, the clerk’s office docketed the form in Rodriguez’s then-pending § 2255 appeal. We construed the document as a motion for appointment of counsel in that § 2255 appeal and proceeded to deny the motion.

Ultimately, we need not decide whether the December 8 form satisfied Rule 3. Even assuming that it did not, Rodriguez subsequently clarified his intent to appeal the district court’s denial of his motion for sentence reduction in two pro *125 se letters dated January 12 and January 19, 2015, respectively. 2 The first of these documents was filed less than fourteen days after the district court’s December 30 order rejecting the magistrate judge’s report and recommendation. This ruling was an appealable final order.

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854 F.3d 122, 2017 WL 1395754, 2017 U.S. App. LEXIS 6740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rodriguez-rosado-ca1-2017.