September 11, 2017
John Roberts, Esq.
Arseneault & Fassett, LLP
In United States v. Martin, No. 16-4289 (3d Cir. Aug. 15, 2017), the U.S. Court of Appeals for the Third Circuit held that a defendant who was determined to be a career offender was ineligible for a reduced sentence under a Sentencing Guidelines amendment. Martin pleaded guilty, pursuant to a plea agreement under Rule 11(c)(1)(C), to possession with intent to distribute more than 50 grams of crack cocaine. The plea agreement stipulated an advisory guideline range of 70 to 87 months imprisonment and a sentence of 87 months. Prior to sentencing, the Pre-Sentence Report determined that Martin was a career offender based on his criminal record, and accordingly that his advisory guideline range was 188-235 months. The sentencing court agreed with the PSR report but also accepted the R. 11(c)(1)(C) plea and imposed a sentence of 87 months pursuant to the agreement.
The U.S. Sentencing Commission later promulgated Amendment 782 to the Sentencing Guidelines, which retroactively lowered the offense levels for many drug quantities, including Martin’s. Martin filed a motion for a new sentence under 18 U.S.C. §3582(c)(2), which the District Court denied. Martin appealed to the Third Circuit, arguing that his guideline range was 70-87 months as per his plea agreement, which should have been lowered to 57-71 months under the Amendment. Martin’s appeal relied on Freeman v. United States, 564 U.S. 522 (2011), in which the Supreme Court held that a R. 11(c)(1)(C) plea was eligible for a sentence reduction under §3582 if the plea agreement “expressly uses a Guidelines sentencing range applicable to the charged offense.”
The Court distinguished Martin’s case from Freeman, which did not involve the question of career offender status. It cited cases from two other Circuits, United States v. Leonard, 844 F.3d 102 (2d Cir. 2016), and United States v. Pleasant, 704 F.3d 808 (9th Cir. 2013), both of which held that when a court accepts a R. 11(c)(1)(C) plea, it effectively grants a departure or variance from an otherwise applicable Guideline sentence. Those cases comport with Third Circuit cases finding that “applicable guideline ranges” prior to Guideline Amendments to be career offender ranges. Thus the Court held that the “applicable guideline range” in Martin’s case was the career offender range, 188-235 months. Because that range had not been lowered by an Amendment to the Guidelines, the Court ruled, Martin was ineligible for a sentence reduction pursuant to §3582(c)(2).