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Man may not have drug sentence reduced after pleading guilty

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The 7th Circuit Court of Appeals affirmed the denial of a defendant’s request to reduce his sentence after he pleaded guilty to distributing crack cocaine. The judges also pointed out concerns with the use of a form order in his case.

In United States of America v. Aswan D. Scott, 12-2555, Aswan Scott pleaded guilty to distributing at least 50 grams of crack cocaine, and his agreement specified a term of 192 months in prison. He accepted the binding sentence in order to induce the government to dismiss a repeat-offender notice it had filed under 21 U.S.C. Section 851.

Scott filed a motion seeking a reduction based on Amendment 711 to the sentencing guidelines that retroactively lowered the base offense level for some drug crimes involving crack. Judge Sarah Evans Barker denied the motion because Scott was not eligible for a deduction based on the binding plea agreement.

Instead of appealing, Scott then filed another motion seeking a reduction under Amendment 750. That was also denied, with the only explanation appearing on a form with boxes, with the box checked that said, “The defendant is eligible for a reduction under this amendment, but the Court has determined that such a reduction is not appropriate because of the nature and seriousness of the danger to any person or the community that may be posed by a reduction in sentence. (Application Note 1(B) of U.S.S.G. § 1B1.10.)”

Scott argued that the District Court didn’t adequately explain its reason for denying his second motion, which hinders meaningful appellate review.  

“We share his concern with the use of a form order like this. The whole point of the district court’s duty to take into account the factors outlined by section 3553(a) is to apply them to the particulars of a defendant’s case. A form might be an acceptable starting point, but an explanation of the reason why a particular factor applies, rather than a flat statement that it does, will normally be necessary both to guide the district court’s choices and to provide a basis for appellate review,” Judge Diane Wood wrote.

“Indeed, here the form introduced an error into the district court’s analysis, because it stated that he was eligible for a reduction in his sentence, and as we explain in a moment, he was not.”

But the form’s use doesn’t drive the outcome of the case, the judges held, because Scott’s plea agreement makes him ineligible for a sentence reduction.

 


 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

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  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

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  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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