United States v. Reid

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Reid pleaded guilty to conspiring to manufacture methamphetamine. The court calculated Reid’s guidelines range as 151-188 months and sentenced him to 170 months’ imprisonment. Reid’s sentence was later reduced to 145 months, following the government’s Rule 35(b) motion. In 2014, Sentencing Guidelines Amendment 782 retroactively reduced the base offense levels in USSG 2D1.1(c), under which Reid was sentenced. Reid’s amended range is 130-162 months and, because Reid was previously granted a Rule 35(b) downward departure, he was eligible for a comparable reduction to 125 months. Reid moved, under 18 U.S.C. 3582(c)(2), to reduce his sentence, citing the guideline amendments and his post-sentencing rehabilitative conduct. The government took no position but noted that Reid had incurred disciplinary sanctions while incarcerated, for possessing “drugs/alcohol” and tobacco. The court denied Reid’s motion, stating that “Defendant’s disciplinary infractions while incarcerated indicate that he has not gained respect for the law… all-the-more troubling given that Defendant was on federal supervised release when he committed the instant offense.” The Sixth Circuit dismissed his appeal, reasoning that section 3582(c)(2), grants appellate jurisdiction only when a sentence was imposed in violation of law; was imposed as a result of an incorrect application of the guidelines; is greater than the guideline range; or was imposed for an offense for which there is no guideline and is plainly unreasonable. View "United States v. Reid" on Justia Law