United States v. Cook

Summary

The court denied the defendant’s motion under 18 U.S.C. § 3582(c)(2) to reduce his 162-month sentence imposed pursuant to a Rule 11(c)(1)(C) plea agreement. The court held that the sentence was based on the Sentencing Guidelines, making the defendant eligible for a reduction following Amendment 782, but concluded that the § 3553(a) factors and the nature of the offense and criminal history outweighed his positive post-sentencing conduct.

Holdings

1. A sentence imposed pursuant to a Rule 11(c)(1)(C) plea agreement may be eligible for reduction under 18 U.S.C. § 3582(c)(2) when the Guidelines range was a relevant part of the analytical framework used to determine or approve the sentence. Because the court calculated the Guidelines range, evaluated the agreed sentence against that range, and departed below it because of the plea agreement, Cook's sentence was based on the Guidelines and he was eligible for a reduction.
2. Although Cook was eligible for a reduction, the court denied relief because the serious nature and circumstances of the drug conspiracy and Cook's criminal history outweighed his favorable post-sentencing conduct and the absence of an apparent danger to the community.

Questions Presented

1. Whether a defendant sentenced pursuant to a Rule 11(c)(1)(C) plea agreement is eligible for a sentence reduction under 18 U.S.C. § 3582(c)(2) when the original sentence was based in part on a Guidelines range later lowered by the Sentencing Commission.
2. Whether Cook should receive a discretionary sentence reduction after consideration of the applicable 18 U.S.C. § 3553(a) factors, the danger posed by release, and his post-sentencing conduct.

Disposition

dismissed