ILNews

Amendment doesn't affect sentence

Back to TopE-mailPrintBookmark and Share

Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.

In United States of America v. John Q. Monroe, No. 08-2945, John Monroe appealed the District Court's denial of his motion for a reduction in the length of his sentence under Section 3582(c)(2). He had pleaded guilty to possession with intent to distribute more than 50 grams of cocaine base and was sentenced to 168 months in prison. He faced a mandatory minimum sentence of 240 months if he was convicted under the charge, which became his "guideline sentence." The downward departure was based on Monroe's cooperation.

After he was sentenced, Amendment 706 to the sentencing guidelines took effect and reduced the base offense levels for drug offenses involving cocaine base by two levels. The District Court denied Monroe's motion for a sentence reduction without discussing the applicability of it to him, but it noted that a reduction wasn't appropriate.

Before ruling on if the amendment applied to Monroe's case, the Circuit Court determined that his plea agreement didn't prevent him from filing his motion. It determined that his motion for a reduction wasn't an appeal or collateral attack, as those were not allowed under the terms of his plea agreement. The federal judges disagreed with the government that motions brought under Section 3582(c)(2) are in essence collateral attacks, citing United States v. Chavez-Salias, 337 F.3d 1170 (10th Cir. 2003).

The evidence in the instant case doesn't show Monroe agreed to give up his right to seek a reduction in the length of his sentence based on a retroactive change in the sentencing guidelines, nor does it show the parties meant for Section 3582(c)(2) motions to be considered collateral attacks, wrote Judge Kenneth Ripple.

Even though he could bring the motion under the terms of his plea agreement, the District Court was correct in finding the amendment didn't apply to Monroe. He's ineligible for the reduction because Section 3582(c)(2) only permits the District Court to modify a sentence where the applicable sentencing range had been lowered. The amendment had no effect on Monroe's case because he was sentenced in accordance to the mandatory minimum sentence, rather than with the sentencing range set up in the guidelines, wrote the judge. The Circuit judges concluded their holding in United States v. Poole, 550 F.3d 676 (7th Circ. 2008), decided after briefs were filed in the instant case, is determinative.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

ADVERTISEMENT