Amicus Curiae Brief — Johnnie Markel Carter, Petitioner v. United States

Supreme Court briefMar 4, 2025

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No. 24-860

IN THE

Supreme Court of the United States

JOHNNIE MARKEL CARTER,

Petitioner,

V.

UNITED STATES,

Respondent.

ON PETITION FOR A WRIT OF CERTIORARI TO THE

UNITED STATES COURT OF APPEALS FOR

THE THIRD CIRCUIT

BRIEF OF CLINICAL LAW PROFESSORS AS AMICI CURIAE

IN SUPPORT OF PETITIONER

DAVID H. KORN

JADEN M. LESSNICK

Cravath, Swaine & Moore LLP

375 Ninth Avenue

New York, NY 10001

ERICA ZUNKEL

Counsel of Record

Criminal and Juvenile

Justice Clinic

University of Chicago Law

School

6020 S. University Avenue

Chicago, IL 60637

(773) 702-9611

ezunkel@uchicago.edu

Counsel for Amici Curiae

March 4, 2025

i

TABLE OF CONTENTS

Page

TABLE OF AUTHORITIES ....................................... ii

INTEREST OF AMICI CURIAE ................................ 1

SUMMARY OF ARGUMENT ..................................... 2

ARGUMENT ............................................................... 4

I.

The Circuit Split Produces Severe and

Unjustified Sentence Disparities Based on

Geography Alone. ................................................. 6

II.

The Circuit Split Threatens the Sentencing

Commission’s Considered Judgment. ............... 18

CONCLUSION .......................................................... 24

ii

TABLE OF AUTHORITIES

Page(s)

Cases

Braxton v. United States,

500 U.S. 344 (2001) ................................................. 7

Buford v. United States,

532 U.S. 59 (2001) ......................................... 4, 7, 19

Guerrant v. United States,

142 S. Ct. 640 (2022) ............................................... 6

Hughes v. United States,

584 U.S. 675 (2018) ................................................. 3

Kimbrough v. United States,

552 U.S. 85 (2007) ................................................... 3

Longoria v. United States,

141 S. Ct. 978 (2021) ............................................... 6

Mistretta v. United States,

488 U.S. 361 (1989) ......................................... 18, 21

Speech First, Inc. v. Sands,

144 S. Ct. 675 (2024) ............................................... 3

United States v. Andrews,

12 F.4th 255 (3d Cir. 2021) ................................... 10

United States v. Brooker,

976 F.3d 228 (2d Cir. 2020) .................................... 6

iii

United States v. Byam,

2024 WL 1556741 (E.D.N.Y. Apr. 10,

2024) ................................................................ 13–14

United States v. Chavez, ___ F. Supp. 3d

___, 2024 WL 4850808 (S.D.N.Y.

Nov. 21, 2024) .......................................................... 6

United States v. Crandall,

2020 WL 7080309 (N.D. Iowa Dec. 3,

2020) ................................................................ 14–15

United States v. Crandall,

2024 WL 945328 (N.D. Iowa Mar. 5,

2024) ...................................................................... 15

United States v. Gordon,

585 F. Supp. 3d 716 (E.D. Pa. 2022) .............. 10–13

United States v. Martinez,

2024 WL 866822 (D. Utah Feb. 29,

2024) .................................................................. 9–10

United States v. Rutherford,

120 F.4th 360 (3d Cir. 2024) ................................. 11

United States v. Thacker,

4 F.4th 569 (7th Cir. 2021) ................................... 17

United States v. Uriarte,

___ F. Supp. 3d ___, 2024 WL 4111867

(N.D. Ill. Sept. 6, 2024) ................................... 16–17

iv

Case Filings

United States v. Crandall,

No. 1:89-cr-00021, Dkt. 214 (N.D. Iowa

Nov. 1, 2023).......................................................... 14

United States v. Gordon,

No. 2:99-cr-00348-HB, Dkt. 212 (E.D.

Pa. Dec. 26, 2023) ............................................ 10–11

United States v. Gordon,

No. 2:99-cr-00348-HB, Dkt. 248 (E.D.

Pa. July 15, 2024) ............................................ 12–13

United States v. McFarland,

No. 2:00-cr-01025, Dkt. 496 (C.D. Cal.

Dec. 21, 2023) .................................................. 15–16

Statutes & Regulations

88 Fed. Reg. 28,256 ............................................. 20, 24

88 Fed. Reg. 28,258 ................................................... 23

18 U.S.C. § 924(c) .................................................. 9–17

18 U.S.C. § 924(c) (2006) ............................................. 9

18 U.S.C. § 3582(c)(1)(A) ................................... 1–4, 19

28 U.S.C. § 994(t) ........................ 2, 4–5, 18–19, 21, 24

First Step Act of 2018, Pub. L. No. 115391, 132 Stat. 5194 (2018) ...................................... 9

U.S.S.G. § 1B1.13 (2023) ....................................... 5, 12

v

U.S.S.G. § 1B1.13(b)(6) (2023)

....................................... 2, 5–7, 9, 11–12, 14–18, 23

U.S.S.G. § 1B1.13(c) (2023) ......................................... 5

Other Authorities

2022-2023 Proposed Amendments and

Public Comment, 88 Fed. Reg. 7180

(Mar. 13, 2023) ........................................ 1–2, 21–24

Commission ’24–’25 Priorities (July 15,

2024) ........................................................................ 2

E. Zunkel & J. Lessnick, Putting the

“Compassion” in Compassionate

Release: The Need for a Policy

Statement Codifying Judicial

Discretion, 35 Fed. Sent’g Rep. 164

(2023) ..................................................................... 20

Public Hearing on Proposed Amendments

to the Federal Sentencing Guidelines

Before the United States Sentencing

Commission (Feb. 23, 2023) .................................... 1

U.S. Sent’g Comm’n, Compassionate

Release Data Report Preliminary Fiscal

Year 2024 Cumulative Data Through

4th Quarter (Oct. 2024) .......................................... 8

U.S. Sent’g Comm’n, Compassionate Release Data Report Preliminary Fiscal

Year 2025 Cumulative Data Through

1st Quarter (Feb. 2025)....................................... 7–8

vi

U.S. Sent’g Comm’n, Compassionate

Release: The Impact of the First Step

Act and COVID-19 Pandemic

(Mar. 2022) ............................................................ 20

U.S. Sent’g Comm’n, Proposed

Amendments to the Sentencing

Guidelines (Feb. 2, 2023) ...................................... 21

U.S. Sent’g Comm’n, Public Meeting

Minutes (Apr. 5, 2023) .......................................... 12

1

INTEREST OF AMICI CURIAE1

Amici are clinical professors of law who represent

indigent federal prisoners pro bono in sentence-reduction proceedings under 18 U.S.C. § 3582(c)(1)(A)(i).

They have extensive experience litigating sentencereduction motions on behalf of individuals in district

courts across the country both before and after Sentencing Commission’s 2023 policy statement took effect. Amici’s clients have been affected directly by the

circuit split at issue here—whether changes in the law

can contribute to “extraordinary and compelling reasons” for a sentence reduction. Amici therefore are

well-positioned to explain the far-reaching implications of the circuit split on both an individual and national level.

Amici also are deeply familiar with the Sentencing Commission’s amendment to its policy statement,

which attempted to address the circuit split in the

first instance. Amici and certain of their clients provided written and oral testimony and public comments to the Commission about the sentence-reduction policy statement, especially as it pertains to the

changes-in-law provision at issue here.2

1 Pursuant to Supreme Court Rule 37.6, amici state that no coun-

sel for a party authored this brief in any part, and that no person

or entity, other than amici and their counsel, made a monetary

contribution to fund its preparation and submission. All parties

have been timely notified of the filing of this brief in accordance

with Supreme Court Rule 37.2.

2 See, e.g., Public Hearing on Proposed Amendments to the Fed-

eral Sentencing Guidelines Before the United States Sentencing

Commission (Feb. 23, 2023), https://perma.cc/7TY8-ZSWP (written and oral testimony of Professor Zunkel); 2022–2023 Proposed

2

Beyond direct client representation in federal

court and advocacy before the Commission, amici

teach, study, and advise on federal sentence-reduction

legal issues, which includes authoring scholarly publications, directing student research, conducting

trainings, and counseling attorneys around the country on sentence-reduction motions.

Amici submit this brief to offer their insight—

based on practical experience and scholarly research—about the importance of this issue for individual prisoners and for ensuring consistency in the law.

A complete list of amici is attached as Appendix A.

SUMMARY OF ARGUMENT

There is a deep, mature circuit split over whether

courts may consider non-retroactive legal changes

when deciding whether a person has presented “extraordinary and compelling reasons” for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A). That circuit

split existed well before the Sentencing Commission

clarified, pursuant to its express power to “describe

what should be considered extraordinary and compelling reasons,” 28 U.S.C. § 994(t), that such non-retroactive changes may be considered in only very narrow

circumstances, see U.S.S.G. § 1B1.13(b)(6) (2023).

Amendments and Public Comment, 88 Fed. Reg. 7180 (Mar. 13,

2023), https://perma.cc/48QJ-TAK8 (collecting public comments

of certain amici, including Professors Tinto (PDF p. 1023) and

Zunkel (PDF p. 1457)); Commission ’24–’25 Priorities (July 15,

2024), https://perma.cc/Q8H2-9UWQ (collecting public comments of certain amici, including Professors Guernsey (PDF

p. 260); Tinto (PDF p. 1114); and Zunkel (PDF p. 1128)).

3

The Commission’s promulgation of subsection (b)(6),

however, did not resolve the split, and many courts

continue to apply pre-amendment caselaw categorically barring consideration of legal changes. More

than most, this circuit split demands the Court’s immediate resolution because of its practical, on-theground effects.

First, the circuit split creates severe sentence disparities between similarly situated people based on

geography alone. Uniform sentencing for similarly

situated defendants is a core principle that runs

throughout federal sentencing law. See Kimbrough v.

United States, 552 U.S. 85, 107 (2007) (“[I]t is unquestioned that uniformity remains an important goal of

sentencing.”). Consistency in the law ensures that differences in sentences, sometimes in the order of years

or decades, are justified by the unique characteristics

of the individual or case—not by the coincidence of geography. But now, even under the revised policy

statement, “a defendant’s eligibility for a reduced sentence under 3582(c)[(1)(A)] turns on the Circuit in

which the case arises.” Hughes v. United States, 584

U.S. 675, 684 (2018). The consequences of these geographic disparities are severe. Defendants in restrictive circuits are left serving sentences decades longer

than similarly situated defendants in other circuits,

based on nothing more than the accident of geography. Cf., e.g., Speech First, Inc. v. Sands, 144 S. Ct.

675, 676 (2024) (Thomas, J., joined by Alito, J., dissenting from GVR) (“Yet, because of the split among

the Courts of Appeals, many of these universities face

no constitutional scrutiny, simply based on geography.”). And data show that those disparities affect a

wide swath of federal prisoners across the circuits.

4

Second, the circuit split vitiates the Sentencing

Commission’s expertise in achieving “consistent sentencing results among similarly situated offenders

sentenced by different courts” in the sentence-reduction system. Buford v. United States, 532 U.S. 59, 66

(2001). The Commission is tasked with “describ[ing]

what should be considered extraordinary and compelling reasons for [a] sentence reduction, including the

criteria to be applied.” 28 U.S.C. § 994(t). Pursuant

to that clear edict, the Commission reviewed thousands of public comments and received testimony

from a litany of stakeholders on this issue. Its resolution of the circuit split—subsection (b)(6)—is a considered middle ground that allows judges to consider

non-retroactive changes in the law only for a limited

set of defendants in a limited set of circumstances.

That expert decision-making has little to no effect in

at least six circuits.

The Court should grant the Petition.

ARGUMENT

Section 3582(c)(1)(A) allows a judge to reduce a

previously-imposed sentence if three substantive factors are satisfied: (1) the movant presents “extraordinary and compelling reasons” that warrant a reduction; (2) a reduction is consistent with applicable policy statements issued by the Sentencing Commission;

and (3) the judge considers the 18 U.S.C. § 3553(a)

sentencing factors in deciding whether and to what

extent a reduction is appropriate.

18 U.S.C.

§ 3582(c)(1)(A).

The Sentencing Commission is vested with the

authority to interpret and operationalize the phrase

5

“extraordinary and compelling reasons.” See 28

U.S.C. § 994(t). For several years after the enactment

of the First Step Act of 2018, the Commission lacked

a quorum and therefore had been unable to fulfill its

statutorily required role to describe “extraordinary

and compelling reasons.” It regained its quorum in

2022 and promulgated revisions in 2023 to the sentence-reduction policy statement, § 1B1.13.

In the amended policy statement, the Commission has articulated precise conditions under which

judges may consider non-retroactive changes in the

law in the “extraordinary and compelling reasons” inquiry. Such non-retroactive changes may be considered only if:

1. the defendant is serving “an unusually long

sentence”;

2. the defendant “has served at least 10 years of

the term of imprisonment”;

3. there is a “gross disparity” between the defendant’s unusually long sentence and the sentence

the defendant likely would have received if sentenced under the new law; and

4. the defendant’s “individualized circumstances”

support relief.

U.S.S.G. § 1B1.13(b)(6) (2023). Outside of these circumstances, “a change in the law . . . shall not be considered for purposes of determining whether an extraordinary and compelling reason exists.”

Id.

§ 1B1.13(c).

6

The circuits are split sharply on whether judges

may consider non-retroactive changes in the sentencereduction inquiry. The First, Second, Fourth, Ninth,

and Tenth Circuits allow judges to consider such

changes. See Pet. 7.3 The Third, Fifth, Sixth, Seventh, Eighth, and D.C. Circuits do not. See ibid. The

Commission’s promulgation of § 1B1.13(b)(6) did not

resolve this split.

I.

The Circuit Split Produces Severe and

Unjustified Sentence Disparities Based on

Geography Alone.

“The present disagreement among the Courts of

Appeals means that similarly situated defendants

may receive substantially different sentences depending on the jurisdiction in which they are sentenced.”

Longoria v. United States, 141 S. Ct. 978, 979 (2021)

(Sotomayor, J., joined by Gorsuch, J., respecting the

denial of certiorari). The “unresolved divisions among

the Courts of Appeals” on the issue presented here has

“direct and severe consequences for defendants’ sentences.” Guerrant v. United States, 142 S. Ct. 640, 641

(2022) (Sotomayor, J., joined by Barrett, J., respecting

the denial of certiorari).

3 The Second Circuit has not squarely addressed the changes-in-

law issue, but it has recognized the broad discretion of district

courts to consider “the full slate of extraordinary and compelling

reasons that an imprisoned person might bring” and has not limited the consideration of changes in law. United States v.

Brooker, 976 F.3d 228, 237 (2d Cir. 2020); see, e.g., United States

v. Chavez, ___ F. Supp. 3d ___, 2024 WL 4850808, at *3–5

(S.D.N.Y. Nov. 21, 2024) (concluding, in the absence of Second

Circuit authority to the contrary, that subsection (b)(6) is valid

and granting a sentence reduction on that basis).

7

The Court appropriately left the question presented by the Petition to the Sentencing Commission

in the first instance, since “Congress intended [the]

Sentencing Commission to play [the] primary role in

resolving conflicts over interpretation.” Buford, 532

U.S., at 66; see, e.g., Braxton v. United States, 500 U.S.

344, 347–349 (2001) (declining to reach an interpretive issue about the Sentencing Guidelines because,

after the Court granted certiorari, the Commission

undertook proceedings that would “eliminate [the] circuit conflict”). But now, more than a year after the

Sentencing Commission weighed in on the issue, the

circuit split has become even more entrenched. Both

nationwide data and individual profiles of defendants

impacted by this split show that, with respect to sentence-reduction motions raising changes in the law

under § 1B1.13(b)(6), the availability of relief between

similarly situated defendants turns solely on geography.

1. Sentencing Commission data show that the

circuit split has real and far-reaching consequences

for hundreds of individuals across the country and has

reified geographic disparities. Despite substantially

similar caselaw among the circuits except on changes

in law, circuits on the permissive side of the split

grant sentence-reduction motions on average 22.2% of

the time, while circuits with restrictive changes-inlaw precedent grant motions only around 9% of the

time. See U.S. Sent’g Comm’n, Compassionate Release Data Report Preliminary Fiscal Year 2025 Cumulative Data Through 1st Quarter, Table 3

(Feb. 2025).4 In the Second Circuit, for example,

4 https://perma.cc/55N8-28MR.

8

41.9% of compassionate release motions were granted

last year, while courts in the Eighth Circuit granted

only 6.7%. See ibid.; see also U.S. Sent’g Comm’n,

Compassionate Release Data Report Preliminary Fiscal Year 2024 Cumulative Data Through 4th Quarter,

Table 3 (Oct. 2024) (comparable disparities for

FY 2024).5 Some natural variations in motion success

rates are to be expected, but the more substantial disparities present in the data suggest that the difference

in changes-in-law caselaw drives the outcome in a significant number of cases.

The data from the universe of granted motions

underscore the vast implications of the split, because

subsection (b)(6) comprises a substantial proportion of

such grants. In the first quarter of Fiscal Year 2025,

15.8% of all sentence-reduction grants nationwide

cited subsection (b)(6) as a reason for granting the motion. U.S. Sent’g Comm’n, Fiscal Year 2025, supra, at

Table 10. Subsection (b)(6) was the single most cited

reason granting a motion during that period—even

though it is largely unavailable in nearly half of the

circuits nationwide.

At bottom, the data quantify the obvious: This

circuit split is of vast consequences for hundreds of

federal prisoners. Judges soundly will exercise their

discretion to consider changes in the law on a case-bycase basis. But only half of them are allowed to do so.

There is every reason to believe that these data trends

will continue without a resolution of the circuit split.

2. Comparing individual case profiles shows precisely how the circuit split produces severe geographic

5 https://perma.cc/34HQ-BFTM.

9

disparities between similarly situated people. Wally

Martinez and Markwann Gordon were convicted of

nearly identical conduct—robbery offenses with multiple 18 U.S.C. § 924(c) firearm charges. Initially, they

were given similar sentences based on the pre-First

Step Act requirement that a second or subsequent

§ 924(c) conviction carried a 25-year mandatory minimum to be served consecutively—i.e., § 924(c) “stacking.” See 18 U.S.C. § 924(c) (2006). In the First Step

Act, Congress clarified that the 25-year mandatory

minimum may be imposed only when there is a prior

§ 924(c) conviction,6 so Martinez and Gordon each

would have received dramatically lower sentences today. But because of the circuit split, only Martinez

has obtained relief—even though the Sentencing

Commission referenced Gordon’s case by name as one

that falls within the ambit of subsection (b)(6).

A. Wally Martinez (Motion Granted, CA10/D.

Utah). In 2001, Martinez received a 65-year sentence

for his participation in three robberies with a firearm.

Only 10 years of the 65-year sentence were attributable to the robberies; the other 55 years were due to

§ 924(c) stacked charges. United States v. Martinez,

2024 WL 866822, at *1 (D. Utah Feb. 29, 2024). If he

were sentenced today, Martinez would likely have received a total sentence of 15 years. Id., at *4. Martinez sought relief under § 1B1.13(b)(6). In granting

his sentence-reduction motion, the district court found

that Martinez had satisfied each component of

§ 1B1.13(b)(6): (1) his 65-year sentence was “unusually long”; (2) he had served over 10 years of his

6 Pub. L. No. 115-391, 132 Stat. 5194, § 403 (2018) (“Clarification

of section 924(c) of title 18, United States Code”).

10

sentence; and (3) the 50-year difference in the sentence he would likely receive today constituted a

“clear, gross disparity.” Ibid. The judge also considered Martinez’s “individualized circumstances,” including that he was in his early twenties when he

committed the offenses, his hundreds of hours of educational programming, and his stellar prison disciplinary record. Id., at *6. After considering the § 3553(a)

sentencing factors, the district court reduced Martinez’s sentence to time served, which amounted to approximately 22 years in custody. Id., at *7–8.

B.

Markwann Gordon (Motion Denied,

CA3/E.D.P.A.). Gordon received a 140-year sentence

for his involvement in multiple bank robberies in the

late 1990s. 125 of these years were the result of

stacked § 924(c) penalties. If he were sentenced for

the same offenses today, Gordon’s minimum sentence

for the § 924(c) counts would be 35 years—a full 105

years shorter than the sentence he received initially.

United States v. Gordon, 585 F. Supp. 3d 716, 719

(E.D. Pa. 2022). In 2022, Gordon moved for a sentence

reduction primarily based on the legal changes to

§ 924(c) stacking. Although the district judge recognized that Gordon “would not receive such a harsh

sentence were he to be sentenced today,” he denied the

motion based on the Third Circuit’s decision in United

States v. Andrews, 12 F.4th 255 (3d Cir. 2021), which

concluded that non-retroactive legal changes cannot

be a basis for a sentence reduction. Gordon, 585 F.

Supp. 3d, at 720–721.

In 2023, after the Sentencing Commission’s

amendment to add subsection (b)(6), Gordon again

moved for a sentence reduction. Motion for Compassionate Release, Gordon, Dkt. 212 (E.D. Pa. Dec. 26,

11

2023). Gordon’s motion was denied, see id., at Dkt.

268, this time based on United States v. Rutherford,

120 F.4th 360 (3d Cir. 2024), despite the fact that he

meets all the factors of § 1B1.13(b)(6): (1) he is serving an unusually long sentence; (2) he has been incarcerated for over 10 years; and (3) the multi-decade difference between his sentence and the one he would

likely receive today presents a “gross disparity.” Martinez, 2024 WL 866822, at *4. But because the Third

Circuit categorically forecloses judges from considering any changes in the law in deciding whether a person is eligible for a sentence reduction, Gordon was

denied relief. And as a consequence, the judge could

not consider Gordon’s “individualized circumstances”—including that Gordon was in his early

twenties at the time of his offenses, had completed

over 500 hours of educational programming, and had

not received a single disciplinary violation in over a

decade. Gordon, 585 F. Supp. 3d, at 719–720.

Martinez and Gordon were similarly situated in

nearly all material respects, until Martinez was

granted relief and Gordon was denied it. Both were

serving unusually long sentences—65 years and 140

years, respectively—overwhelmingly the result of

stacked § 924(c) penalties that could not be imposed

today. Both had served more than 10 years of that

sentence. Both would face sentences decades shorter

if sentenced today. Both were young men at the time

of their offenses, and both had compelling records of

rehabilitation.

The difference in outcome between Martinez’s

and Gordon’s cases is solely the product of geography.

In fact, Gordon’s judge remarked that he had “rarely

seen a case as compelling as [Gordon’s] for a

12

defendant’s release from prison.” Gordon, 585 F.

Supp. 3d, at 722. But because of controlling Third Circuit precedent on the changes in law issue, Gordon’s

judge “regrettably” was required to deny the motion.

Id., at 723. Put another way, but for restrictive circuit

caselaw, Gordon’s sentence would have been reduced

to time served like Martinez’s sentence.

That result is particularly troubling because the

Sentencing Commission specifically cited Gordon’s

case in support of its changes-in-law provision,

§ 1B1.13(b)(6). In announcing the Commission’s

amendments to § 1B1.13, Commission Chair Judge

Carlton Reeves explained, “the Commission’s inability

to describe extraordinary and compelling reasons led

to injustices. I think of . . . Markwann Gordon, a person serving over 1,600 months in federal prison on

robbery and firearms charges who wrote to us to increase opportunities for second chances.” U.S. Sent’g

Comm’n, Public Meeting Minutes at 4–5 (Apr. 5,

2023).7 Chair Judge Reeves highlighted the fact that

Gordon’s judge was unable to exercise his discretion

to grant release because of the circuit split. Ibid.

The disparity between Gordon’s sentence and

Martinez’s is even more obvious in light of recent developments in Gordon’s case. Following a successful

28 U.S.C. § 2255 challenge to several of his § 924(c)

counts, Gordon was resentenced. See Sent’g Tr., Gordon, Dkt. 248 (E.D. Pa. July 15, 2024). If he were

able, the judge would have sentenced Gordon to time

served. The judge was “totally convinced that [Gordon

is] totally reformed and that a further punishment is

7 https://perma.cc/UW3B-ZQYE.

13

no longer necessary.” Id., at 52. But under binding

circuit precedent, Gordon was resentenced under preFirst Step Act law. The judge therefore had to impose

a 65-year sentence for the remaining stacked § 924(c)

counts. Id., at 48. This sentence, according to the

judge, “is totally unwarranted at this stage, in 2024.

I think it’s unjustified, and it’s a very painful day for

all of us.” Id., at 54.

Because of the circuit split, Gordon remains imprisoned serving a 65-year de facto life sentence while

Martinez—who also was sentenced to 65 years on materially identical charges—is free.

3. The difference in sentence-reduction motion

outcomes between Edward Byam and Barton Crandall also is striking. Both men were convicted of similar robbery offenses with stacked § 924(c) charges at

a young age, both had support from Federal Bureau of

Prisons (BOP) staff members for their motions, and

both had a record of extensive BOP programming. But

only one man was able to receive relief.

A.

Edward Byam (Motion Granted,

CA2/E.D.N.Y.). Byam was sentenced to 32 years and

one day in prison for his involvement in two armed

robberies when in his early twenties. United States v.

Byam, 2024 WL 1556741, at *1 (E.D.N.Y. Apr. 10,

2024). Thirty-two years of his sentence resulted from

mandatory § 924(c) firearms charges; the judge imposed “only one additional day” for the other charges.

Ibid. If sentenced for the same offenses today, Byam

would face a 14-year mandatory minimum instead of

32 years on the § 924(c) charges. Ibid. In granting

Byam’s sentence-reduction motion in 2024, the court

found that Byam satisfied each factor under

14

§ 1B1.13(b)(6): (1) his sentence was “unusually long”;

(2) he had served over 11 years of his sentence; and (3)

the 18-year difference between the sentence he received and what he would receive today constituted a

“gross disparity.” Id., at *6. The judge also considered

Byam’s individualized circumstances. Id., at *6–8.

Several BOP employees, for instance, corroborated

Byam’s “character, work ethic, responsibility, and

compassion for other inmates.” Id., at *8. The court

highlighted Byam’s “substantial rehabilitation for

over a decade, improving himself as it pertains to education, employability, and other social achievements.” Ibid.

B. Barton Crandall (Motion Denied, CA8/N.D.

Iowa). At age 25, Crandall was sentenced to almost

47 years’ imprisonment for his role in two armed bank

robberies. United States v. Crandall, 2024 WL

945328, at *1 (N.D. Iowa Mar. 5, 2024). Twenty-five

years of his sentence were the result of § 924(c)’s mandatory stacked penalties. Today, Crandall’s likely

sentence would be approximately 18 years, and he has

been incarcerated for more than 10 years. See Memorandum of Law in Support of Motion to Reduce Sentence, United States v. Crandall, No. 1:89-cr-00021,

Dkt. 214, at 2 (N.D. Iowa Nov. 1, 2023). The difference

between the sentence Crandall received and the one

he would likely receive today represents a disparity of

29 years, over a decade longer than the disparity supporting Byam’s sentence reduction. The district judge

highlighted Crandall’s “significant strides toward rehabilitation” during his incarceration. Crandall, 2024

WL 945328, at *10. As such, Crandall also met the

exacting criteria of § 1B1.13(b)(6). The district judge,

however, could not analyze the merits of Crandall’s

15

argument, concluding that § 1B1.13(b)(6) exceeded

the Commission’s authority and was inconsistent with

pre-amendment Eighth Circuit caselaw. Id., at *9.

Accordingly, the judge denied Crandall’s motion, as he

had done in 2020 before the Commission’s amendments. See United States v. Crandall, 2020 WL

7080309, at *7 (N.D. Iowa Dec. 3, 2020).

Byam and Crandall were similarly situated, but

geography was dispositive of whose motion could be

considered on the merits. They both had received unusually long sentences for similar offenses. They both

had served more than a decade of those sentences.

And both their sentences presented a “gross disparity”

of more than 15 years when compared to the sentences they likely would have received if sentenced today. The two also were similarly situated with respect

to their individualized circumstances. In fact, their

respective judges used identical language in describing each man’s “significant strides towards rehabilitation.” But, based on the circuit split, Byam’s motion

was granted while Crandall’s was denied.

4. Donte McFarland and Jorge Uriarte provide

another clear example of significant sentence disparities produced by the circuit split, notwithstanding

similar offense conduct, including § 924(c) convictions.

A. Donte McFarland (Motion Granted, CA9/C.D.

Cal.). In 2001, McFarland received a 41-year sentence

that even his own sentencing judge called “beyond

draconian.” United States v. McFarland, No. 2:00-cr01025, Dkt. 496, at 2 (C.D. Cal. Dec. 21, 2023).

Thirty-two years of that sentence were required by

§ 924(c) stacking. Id., at 6. If he were sentenced for

16

the same offenses today, the low end of his Guidelines

range would be roughly 23 years (amounting to the

time he had already served in prison) and the § 924(c)

counts would mandate 14 years, not 32 years. Ibid.

McFarland brought a motion under § 1B1.13(b)(6).

When granting his sentence-reduction motion, the

district court found that McFarland had satisfied

every prong of § 1B1.13(b)(6). Ibid.

Because § 1B1.13(b)(6) did not conflict with preamendment Ninth Circuit caselaw, see id., at 5, the

court proceeded to a full consideration of McFarland’s

“individualized circumstances” under § 1B1.13(b)(6)

and determined that he presented “extraordinary and

compelling reasons” for a sentence reduction. Ibid.

The court highlighted McFarland’s young age at the

time of the offenses, rehabilitation, and a recent sentence reduction for McFarland’s co-defendant, which

would create an unwarranted sentencing disparity if

relief was not granted. Ibid. After considering the

§ 3553(a) factors, the court granted McFarland’s motion and reduced his sentence to the 23 years it likely

would be today. Id., at 7–8.

B. Jorge Uriarte (Motion Denied, CA7/N.D. Ill.).

Uriarte is serving a 40-year sentence, 30 years of

which resulted from § 924(c) stacking. United States

v. Uriarte, ___ F. Supp. 3d ___, 2024 WL 4111867, at

*1 (N.D. Ill. Sept. 6, 2024). Uriarte was charged with

multiple co-defendants, several of whom were indisputably more culpable in the offenses than him. Ibid.

Today, Uriarte’s mandatory minimum under § 924(c)

would be just 15 years, not 30 years. Ibid. In 2016,

the Seventh Circuit remanded the case for re-sentencing. Ibid. Uriarte was re-sentenced just weeks before

the First Step Act was passed. His co-defendants,

17

however, were re-sentenced after the law’s enactment.

As a result, only the co-defendants, not Uriarte, benefitted from the First Step Act’s monumental changes

to § 924(c) stacking. Id., at *1–2. As the judge put it,

“[o]n remand, accidents of timing produced . . . ‘problematic disparities.’” Id., at *1. Despite “[n]o party

disput[ing]” that Uriarte met subsection (b)(6)’s criteria, the district judge concluded that the Seventh Circuit’s decision in United States v. Thacker, 4 F.4th 569

(7th Cir. 2021), remained “binding” and required

denying the motion. Id., at *5. The court, however,

emphasized that it “would not hesitate to follow”

§ 1B1.13(b)(6) “had it the authority to do so.” Ibid.

The court noted several reasons for this: (1) “the gross

disparity” between Uriarte’s sentence and that of his

“more culpable co-defendants”; (2) the unfairness of

§ 924(c) stacking at the time of sentencing; (3) the increasingly “egregious” unfairness “in light of the fact

that his co-defendants received the benefit” of the

First Step Act’s amendments to § 924(c) stacking and

he did not; and (4) Uriarte’s rehabilitation. Ibid.

“[T]he

court

believes

Jorge

Uriarte’s . . . [m]otion . . . should be granted and his sentence should be reduced to time served.” Ibid.

McFarland and Uriarte were similarly situated

with regard to their lengthy sentences due to § 924(c)

stacking and the disparities produced by the change

in law, but once again, geography was dispositive in

who received relief. Both McFarland and Uriarte

were serving sentences that would be significantly

shorter today. At the time of their motions, both

men’s sentences produced jarring disparities with the

sentences of their more or equally culpable co-defendants. With no conflicting circuit caselaw, McFarland’s

18

judge could consider both disparities under

§ 1B1.13(b)(6). Uriarte’s judge, on the other hand,

was not permitted to consider either disparity. Instead, solely because of Seventh Circuit precedent, the

district court had to deny Uriarte’s motion, despite the

court’s assertion that it would have granted relief if it

had the authority to do so.

5. The foregoing profiles are just a handful of examples of the geographic disparities that pervade the

sentence-reduction landscape and compel review by

this Court. Appendix B is a table compiling additional

cases in which geography is a primary, if not dispositive, factor driving disparate outcomes.

II.

The Circuit Split Threatens the Sentencing

Commission’s Considered Judgment.

The circuit split also must be resolved because it

undermines the Sentencing Commission’s reasonable

and expert resolution of this issue. Amici participated

in the extensive, deeply considered process by which

the Sentencing Commission arrived at its current policy statement, which involved robust debate, testimony, commentary, and other input from experts and

stakeholders over several months. The disuniformity

caused by the circuit split is an anathema to the

scheme Congress created—one characterized by what

Justice Scalia called the Commission’s “special

knowledge and expertise” in matters of sentencing.

Mistretta v. United States, 488 U.S. 361, 396 (1989).

The decision below impairs the Commission’s comprehensive work, which Congress has instructed must be

the guiding principle under the statute. See 28 U.S.C.

§ 994(t).

19

1. Uniformity among similarly situated defendants is central to the Sentencing Commission’s mission. As the Court unanimously explained in Buford,

the Commission can “produce more consistent sentencing results among similarly situated offenders

sentenced by different courts.” 532 U.S., at 66. The

process by which it achieves that uniformity is iterative and expert driven. “[T]he Sentencing Commission itself gathers information on the sentences imposed by different courts, it views the sentencing process as a whole,” and it develops “a broad perspective

on sentencing practices throughout the Nation” before

revising its policy statements, the Guidelines, or application notes. Ibid.

Congress could not have been more clear that the

Commission must bring that expertise to bear in implementing a uniform sentence-reduction scheme:

The Commission, in promulgating general policy statements regarding the sentencing modification provisions in section 3582(c)(1)(A) of title 18, shall describe what should be considered extraordinary and compelling reasons for sentence reduction, including the criteria to

be applied and a list of specific examples.

28 U.S.C. § 994(t) (emphasis added). Therefore, “Congress intended [the] Sentencing Commission to play

[the] primary role in resolving conflicts over interpretation” about § 3582(c)(1)(A)’s phrase “extraordinary

and compelling.” Buford, 532 U.S., at 66.

2. When Congress enacted the First Step Act of

2018, it amended § 3582(c)(1)(A) to allow defendants

20

to file sentence-reduction motions directly with

courts, a departure from the pre-First Step Act rule

that only the BOP could move for sentence reductions.

That change had an unintended effect. The Sentencing Commission’s then-operative policy statement

applied only to BOP-initiated motions. But at the

time, the Commission lacked a quorum to update its

policy statement. See 88 Fed. Reg. 28,256. So, every

Court of Appeals but the Eleventh Circuit held that

the Commission’s operative policy statement was not

“applicable” to defendant-initiated motions. See U.S.

Sent’g Comm’n, Compassionate Release: The Impact

of the First Step Act and COVID-19 Pandemic 2

(Mar. 2022).8

In the interim, district courts exercised broad discretion to identify “extraordinary and compelling reasons,” even if those reasons were not covered by the

inapplicable policy statement. See E. Zunkel &

J. Lessnick, Putting the “Compassion” in Compassionate Release: The Need for a Policy Statement Codifying Judicial Discretion, 35 Fed. Sent’g Rep. 164, 164–

166 (2023). But without the Commission’s guidance,

some circuits developed their own stop-gap limits on

that discretion. In the vacuum left by the Commission’s lack of quorum, a “sharp circuit split” emerged

“as to whether nonretroactive changes in the law can

constitute legitimate bases for compassionate release.” Id., at 168.

3. When the Commission regained its quorum, it

set out to bring uniformity to the sentence-reduction

system. Its process was thorough, rational, and

8 https://perma.cc/KJ5Q-HKCY.

21

expert-driven. The circuit split threatens to usurp the

“special knowledge and expertise,” Mistretta, 488

U.S., at 396, that Congress intended to characterize

the sentence-reduction scheme, see 28 U.S.C. § 994(t).

The Commission’s early proposal for a changesin-law provision—before any public hearings and testimony—was much broader than the provision it ultimately adopted. The first proposal would have allowed a judge to find an “extraordinary and compelling reason” for a sentence reduction if “[t]he defendant is serving a sentence that is inequitable in light of

changes in the law.” U.S. Sent’g Comm’n, Proposed

Amendments to the Sentencing Guidelines 6 (Feb. 2,

2023).9

In February 2023, the Commission received thousands of public comments and took hours of testimony

from a wide array of stakeholders on this question.

And after its public hearing, it received even more

public comments. The comments and testimony reflected a panoply of perspectives about the changes in

the law provision. See generally 2022–2023 Proposed

Amendments and Public Comment, 88 Fed. Reg.

718010 [hereinafter “Public Comments”11] (collecting

samples of hundreds of public comments).

The Commission read comments and heard testimony about how the circuit split on this issue created

geographic disparities. See, e.g., id. 1162 (NACDL)

(“the true disparities are the geographic and temporal

9 https://perma.cc/6R4M-AV54.

10 https://perma.cc/PH3V-738S.

11 Pin cites refer to PDF pagination.

22

disparities between similarly situated defendants”),

1256 (Sentencing Project) (“This deep circuit split has

created profoundly unequal and arbitrary access to

post-conviction justice.”), 388 (DOJ) (noting the “uncertainty, circuit conflicts, and sentencing disparities

that have proliferated in the absence of any binding

policy statement”), 1472 (E. Zunkel) (“A person’s ability to obtain relief based on changes in the law is entirely dependent on the luck of their jurisdiction of

conviction.”).

The comments and testimony on the changes in

the law provision allowed the Commission to consider

a diversity of perspectives and alternatives. Some

commentators argued in favor of the wholesale adoption of the Commission’s proposed provision. See, e.g.,

id. 1066 (FAMM) (“this proposed amendment will actually help minimize the sentencing disparity that

currently exists” (emphasis deleted)), 1131 (Law Enforcement Leaders to Reduce Crime & Incarceration)

(“the Commission’s proposal would simply permit

judges in individual cases to determine whether an extreme disparity exists between the sentence a person

received and the sentence they would be exposed to

today”), 299 (Senators Durbin, Booker, and Hirono).

Others advocated for a categorical bar on consideration of changes in the law. See, e.g., id. 321 (Judge

Carnes) (suggesting that if the changes-in-law provision were adopted, “district and appellate courts will

soon be overwhelmed by release motions”, and that

the phrase “inequitable” is too vague), 397 (DOJ).

Many commentators—certain amici among

them—suggested narrowing the changes-in-law provision to minimize any likelihood of conflict with other

statutes. Professor Zunkel, for example, proposed

23

“clarification about the scope of the changes in the law

that [were] covered” by the Commission’s early proposal. Id. 1465 (E. Zunkel); see also id. 1163 (NACDL)

(“However, to make clear that the proposed amendment applies ‘changes in the law’ in an individualized

manner, and not to all defendants en masse, we recommend that the language be modified . . . .”), 956–

957 (Aleph Institute and Center for Justice and Human Dignity).

It is no accident that the Commission’s final policy statement includes the “gross disparity” limitation, the amount-of-time-served limitation (10 years

or more), and the “unusually long sentence” limitation. Those guardrails come straight from recommendations made by many commentators and witnesses.

For example, Davis Polk & Wardwell LLP’s Pro Bono

Department suggested providing additional criteria,

namely, “a situation where a change in law has resulted in a defendant’s existing sentence being grossly

disproportionate to the sentence that a defendant

would now receive for the same crime as a result of

the change in law.” Id. 1452 (emphasis added). Other

comments suggested that the changes in the law provision should apply to “unusually long” sentences. Id.

493 (Federal Public and Community Defenders); accord id. 375 (Chief Judge John McConnell, U.S. District Court for District of Rhode Island); cf. id. 392

(DOJ) (“The Department . . . is concerned about equity in the criminal justice system, including as it pertains to unusually long sentences.”).

4. Section 1B1.13(b)(6)—the changes-in-law provision ultimately adopted by the commission—“respond[s] to a circuit split concerning” the non-retroactivity question. 88 Fed. Reg. 28,258. The final rule “is

24

informed by Commission data,” as well as “extensive

public comment, including from the Department of

Justice, the Federal Public and Community Defenders, the Commission’s advisory groups, law professors,

currently and formerly incarcerated individuals, and

other stakeholders in the federal criminal justice system.” Id. 28,256.

Reflecting the iterative process of amending the

policy statement, subsection (b)(6) is far narrower

than the Commission’s early proposal. It applies to

only a limited set of defendants (those who have

served 10 or more years of an unusually long sentence) and in only a limited set of circumstances (if the

change in the law produces a disparity that is grossly

disproportionate to the person’s current sentence, and

only after a judge considers the person’s individualized circumstances).

The circuit split not only reifies sentence disparities, but it also vitiates the Commission’s expertise in

arriving at a narrowly tailored resolution to the nonretroactivity question. The Commission has now spoken directly to the issue. There is nothing more it

could do to address the disagreement over caselaw

about changes in the law. This Court’s intervention is

necessary to enforce Congress’s expectation that the

Commission resolve disparities arising from disagreements over the phrase “extraordinary and compelling.” See 28 U.S.C. § 994(t).

CONCLUSION

Amici respectfully urge this Court to grant the

Petition.

25

Respectfully submitted,

DAVID H. KORN

JADEN M. LESSNICK

Cravath, Swaine &

Moore LLP

375 Ninth Avenue

New York, NY 10001

ERICA ZUNKEL

Counsel of Record

Criminal and Juvenile

Justice Clinic

University of Chicago Law

School

6020 S. University Ave.

Chicago, IL 60637

(773) 702-9611

ezunkel@uchicago.edu

Counsel for Amici Curiae

APPENDIX

i

TABLE OF APPENDICES

Page

APPENDIX A: LIST OF AMICI ............................... 1a

APPENDIX B: TABLE OF GEOGRAPHIC

DISPARITIES ........................................................... 2a

1a

APPENDIX A: LIST OF AMICI

Amici file this brief in their individual capacities,

and not as representatives of the institutions with

which they are affiliated.

Ingrid Eagly

Professor of Law

Faculty Co-Director, Criminal Justice Program

University of California-Los Angeles School of

Law

Alison Guernsey

Clinical Professor of Law

Director, Federal Criminal Defense Clinic

University of Iowa College of Law

JaneAnne Murray

Associate Clinical Professor of Law

Director, Clemency Project Clinic

University of Minnesota Law School

Amanda Rogers

Visiting Professor of Law

Georgetown Law School

Katharine Tinto

Clinical Professor of Law

Director, Criminal Justice Clinic

University of California-Irvine School of Law

Erica Zunkel

Clinical Professor of Law

Director, Criminal and Juvenile Justice Clinic

University of Chicago Law School

115

Case Cite

United States

v.

Donato, 2024

WL 1513646

(E.D.N.Y.

Apr. 8, 2024)

50

65

10 years on

United States

Drug offenses;

§ 924(c)

v. Vasquez,

49 (after

15 years on

Hobbs Act;

counts + any

735 F. Supp.

prior reduc§ 924(c)

stacked

additional

3d 124

tion)

counts

§ 924(c)s

sentence on

(E.D.N.Y.

other counts

Carjacking;

stacked

§ 924(c)s

Original

Sentence

Length

(years)

Likely

Sentence

Principal

Disparity

if Imposed

Offense(s)

(years)

Today

(years)

Second Circuit (Permissive)

Granted

Granted

Outcome

APPENDIX B: TABLE OF GEOGRAPHIC DISPARITIES

2a

May 23,

2024)

United

States v.

Aguiar, 735

F. Supp. 3d

136

(E.D.N.Y.

May 28,

2024)

United

States v.

Monk, 2024

WL 3936351

(S.D.N.Y.

Case Cite

Three life

terms and

concurrent

10-year

term

24

Drug offenses

Drug offenses; § 851

enhancement

Principal

Offense(s)

Original

Sentence

Length

(years)

15

30 to life

9

--

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Granted

Granted

Outcome

3a

Aug. 26,

2024)

United

States v.

Chavez,

2024 WL

4850808

(S.D.N.Y.

Nov. 21,

2024)

United

States v.

Patterson,

2024 WL

4872784

Case Cite

55

25

Drug offenses; § 851

enhancement;

stacked

§ 924(c)s

Drug offenses;

stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

15

40

10

15

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Granted

Granted

Outcome

4a

United

States v.

Rutherford,

120 F.4th

360 (3d Cir.

2024)

United

States v.

Carter, 711

F. Supp. 3d

428 (E.D.

(S.D.N.Y.

Nov. 21,

2024)

Case Cite

42.5

70

Hobbs Act

Robbery;

stacked

§ 924(c)s

Armed Bank

Robbery;

stacked

§ 924(c)s

38.5 to 42.8

24.5

31.5 to

27.2

18 years

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Third Circuit (Restrictive)

Principal

Offense(s)

Original

Sentence

Length

(years)

Denied

Denied

Outcome

5a

Pa. Jan. 12,

2024)

United

States v.

Johnson,

2024 WL

665179

(E.D. Pa.

Feb. 16,

2024)

United

States v.

Norwood,

2024 WL

2151239

Case Cite

69.5

41.5

Bank Robbery; stacked

§ 924(c)s

Bank Robbery; ACCA;

stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

31.5 or less

“significantly

shorter”

At least 10

years

--

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Denied

Denied

Outcome

6a

(D.N.J. May

13, 2024)

United

States v.

Wilson,

2024 WL

4793713

(E.D. Pa.

Nov. 14,

2024)

Case Cite

Bank Robbery; stacked

§ 924(c)s

Principal

Offense(s)

43.25

Original

Sentence

Length

(years)

25.25

18

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Denied

Outcome

7a

United

States v.

Legrand,

2024 WL

2941282 (D.

Md. June

11, 2024)

United

States v.

James Baylor, 2024

WL 3093573

(E.D. Va.

Case Cite

40

42.8

Conspiracy to

Commit Robbery; Hobbs

Act Robbery;

stacked

§ 924(c)s

Hobbs Act

Robbery;

stacked

§ 924(c)s

23–25.4

22

17.4–19.6

18

Likely

Sentence

Principal

Disparity

if Imposed

Offense(s)

(years)

Today

(years)

Fourth Circuit (Permissive)

Original

Sentence

Length

(years)

Granted

in Part

Granted

in Part

Outcome

8a

June 20,

2024)

Reed v.

United

States, 2024

WL 3153221

(E.D. Va.

June 24,

2024)

United

States v.

Troy Baylor,

2024 WL

3732460

(E.D. Va.

Case Cite

65

52

Drug offenses;

stacked

§ 924(c)s

Hobbs Act

Robbery;

stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

34

50

18

15

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Granted

Granted

Outcome

9a

United

States v.

Brown, 715

Aug. 6,

2024)

United

States v.

Bell, No. CR

RDB-09219, 2024

WL 3849533

(D. Md.

Aug. 16,

2024)

Case Cite

27.6 (after

prior reduction)

As low as

14 years

Armed Bank

Robbery;

132

52

80

13.6

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Fifth Circuit (Restrictive)

Armed Robbery; stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

Denied

Granted

in Part

Outcome

10a

United

States v.

Savoca,

2024 WL

stacked

§ 924(c)s

F. Supp. 3d

992 (S.D.

Tex. 2024)

United

States v. Allen, 2024

WL 2784802

(E.D. La.

May 30,

2024)

240

--

Bank Robbery; stacked

§ 924(c)s

77.25

--

--

--

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Sixth Circuit (Restrictive)

Drug offenses; § 851

enhancement

Principal

Offense(s)

Case Cite

Original

Sentence

Length

(years)

Denied

Denied

Outcome

11a

50.8

35

Principal

Offense(s)

Bank Robbery; stacked

§ 924(c)s

Armed Bank

Robbery;

Case Cite

4711307

(N.D. Ohio

Nov. 7,

2024)

United

States v.

Yaromich,

2024 WL

4987404

(N.D. Ohio

Dec. 5,

2024)

United

States v.

Mitchell,

Original

Sentence

Length

(years)

20

20.8

15

30

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Denied

Denied

Outcome

12a

46.8

50.25

Carjacking;

stacked

§ 924(c)s

2024 WL

3673533

(E.D. Mich.

Aug. 6,

2024)

United

States v.

Wilson,

2024 WL

1556313

(N.D. Ohio

Apr. 10,

2024)

United

States v.

Drug offenses;

stacked

§ 924(c)s

Principal

Offense(s)

Case Cite

Original

Sentence

Length

(years)

26.25

31.8–38.8

24

8–15

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Denied

Denied

Outcome

13a

stacked

§ 924(c)s

McHenry,

2024 WL

1363448

(N.D. Ohio

Mar. 29,

2024)

United

States v.

Smith, 2021

WL 4502861

(M.D. Tenn.

Oct. 1,

2021)

Drug offenses; § 851

enhancement

Principal

Offense(s)

Case Cite

Life

Original

Sentence

Length

(years)

15–23

Decades

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Denied

Outcome

14a

United

States v.

Brown,

2024 WL

4728896

(C.D. Ill.

Nov. 8,

2024)

United

States v.

Watford,

2024 WL

3633906

(N.D. Ind.

Case Cite

Life

66.8

Drug offenses; § 851

enhancement

Bank Robbery; stacked

§ 924(c)s

36.8

25

30

Decades

Likely

Sentence

Principal

Disparity

if Imposed

Offense(s)

(years)

Today

(years)

Seventh Circuit (Restrictive)

Original

Sentence

Length

(years)

Denied

Denied

Outcome

15a

July 30,

2024)

United

States v.

Billingsly,

2024 WL

3520366,

(S.D. Ind.

July 23,

2024)

Case Cite

Drug offenses;

stacked

§ 924(c)s

Principal

Offense(s)

35

Original

Sentence

Length

(years)

--

--

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Denied

Outcome

16a

United

States v.

Neubert,

2024 WL

3520361

(S.D. Ind.

July 23,

2024)

United

States v.

Taylor, __ F.

Supp. 3d __,

2024 WL

3520358

(S.D. Ind.

Case Cite

32

37

Armed Robbery; stacked

§ 924(c)s

Armed Robery;

stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

16

14

21

18

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Denied

Denied

Outcome

17a

July 23,

2024)

United

States v.

Spaulding,

2024 WL

3252397

(S.D. Ind.

June 28,

2024)

United

States v.

Robinson,

2024 WL

2816925

Case Cite

30 years

and 1 day

35

Drug offenses;

stacked

§ 924(c)s

Armed Bank

Robbery;

stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

20

10

15

20

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Denied

Denied

Outcome

18a

(S.D. Ind.

May 31,

2024)

United

States v.

Buggs, 2024

WL 2130566

(N.D. Ind.

May 13,

2024)

United

States v.

Williams,

742 F.

Supp. 3d

Case Cite

31.5

45.5 (defendant 1);

37 (defendant 2)

Armed Bank

Robbery;

stacked

§ 924(c)s

Armed Bank

Robbery;

stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

22.5 (defendant 1);

15 (defendant 2)

As low as

10 years

and 1 day

23 (defendant 1);

22 (defendant 2)

20+ years

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Denied

Denied

Outcome

19a

United

States v.

Black, 715

F. Supp. 3d

1069 (N.D.

Ill. 2024)

United

States v.

Tichenor,

2024 WL

3252501

(S.D. Ind.

823 (C.D.

Ill. 2024)

Case Cite

40

25

Conspiracy;

stacked

§ 924(c)s

Armed Robbery; stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

7–8.75

20

16.25–18

20

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Denied

Denied

Outcome

20a

United

States v.

Henderson,

2024 WL

June 28,

2024)

United

States v.

Robinson,

2024 WL

2816925

(S.D. Ind.

May 31,

2024)

Case Cite

35

15

Drug offenses; § 851

enhancement

Life

24.3–30.4

Decades

20

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Eighth Circuit (Restrictive)

Armed Robbery; stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

Granted

Denied

Outcome

21a

42 (29.4

after prior

reduction)

Life

Principal

Offense(s)

Hobbs Act

Robbery;

stacked

§ 924(c)s

Drug offenses; § 851

enhancement

Case Cite

881253

(E.D. Mo.

Feb. 23,

2024)

United

States v.

Loggins, No.

02-cr-142,

dkt. 197

(S.D. Iowa

Mar. 4,

2024)

United

States v. Delacruz, 2023

Original

Sentence

Length

(years)

As low as

25 years

As low as

24 years

Decades

18

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Denied

Denied

Outcome

22a

United

States v.

Conmy, No.

WL 5628357

(D.N.D.

Aug. 31,

2023)

United

States v.

Gashe, 2020

WL 6276140

(N.D. Iowa

Oct. 26,

2020)

Case Cite

44

24

Decades

20

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Ninth Circuit (Permissive)

Drug ofAs low as

fenses; § 851

Life

10 years

enhancement

Drug offenses;

stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

Granted

Denied

Outcome

23a

2:05-cr-83KJD-GWF,

dkt. 211,

220 (D. Nev.

Feb. 16,

2024)

United

States v.

Blackbird,

2024 WL

3552446 (D.

Mont. July

26, 2024)

United

States v.

Case Cite

25

39

Drug offenses; § 851

enhancement

Armed Bank

Robbery;

Principal

Offense(s)

Original

Sentence

Length

(years)

21.25–24

15

17.75–15

10

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Granted

Granted

Outcome

24a

stacked

§ 924(c)s

Vidrine,

2024 WL

3917152

(E.D. Cal.

Aug. 23,

2024)

United

States v.

Wiley, 2024

WL 3992325

(D. Nev.

Aug. 29,

2024)

Armed Robbery; stacked

§ 924(c)s

Principal

Offense(s)

Case Cite

69 and 1

month (after resentencing)

Original

Sentence

Length

(years)

11.83

57

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Granted

in Part

Outcome

25a

United

States v.

Pineda,

2024 WL

4480213

(Oct. 11,

2024)

United

States v.

Jones, 482

F. Supp. 3d

969 (N.D.

Cal. 2020)

Case Cite

Life

29.75

Drug offenses; § 851

enhancement

Armed Robbery; stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

14.75

14–25

15

Decades

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Granted

Granted

Outcome

26a

United

States v. Lii,

528 F.

Supp. 3d

1153 (D.

Haw. 2021)

United

States v.

Mitsuyoshi,

2022 WL

819436 (D.

Haw. Mar.

17, 2022)

Case Cite

Life

20

Drug offenses; § 851

enhancement

Drug offenses; § 851

enhancement

Principal

Offense(s)

Original

Sentence

Length

(years)

10.83–13.5

15

6.5–9.17

Decades

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Granted

Granted

Outcome

27a

United

States v.

Rutkowski,

2022 WL

1597382 (D.

Haw. May

19, 2022)

United

States v.

Jordan,

2021 WL

3612400 (D.

Nev. Aug.

13, 2021)

Case Cite

Life

60.83

Drug offenses; § 851

enhancement

Armed Robbery; stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

22.83

27 or fewer

38

Decades

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Granted

Granted

Outcome

28a

United

States v.

Cisneros,

2022 WL

17417284

(D. Haw.

Dec. 5,

2022)

United

States v.

Wells, 2022

WL 1720987

(D. Nev.

May 27,

2022)

Case Cite

Life

107 (after

prior reduction)

Drug offenses; § 851

enhancement

Armed Robbery; stacked

§ 924(c)s

Principal

Offense(s)

Original

Sentence

Length

(years)

35

20

72

Decades

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

Granted

Granted

Outcome

29a

United

States v.

Brooks, 717

F. Supp. 3d

1087 (N.D.

Okla. 2024)

United

States v.

Eads, 2024

WL 4201605

(D. Colo.

Sept. 16,

2024)

Case Cite

36.25

Life + 30

Robbery;

stacked

§ 924(c)s

Drug offenses; § 851

enhancement

85

18.25

Decades

18

Likely

Sentence

Principal

Disparity

if Imposed

Offense(s)

(years)

Today

(years)

Tenth Circuit (Permissive)

Original

Sentence

Length

(years)

Granted

Granted

Outcome

30a

Principal

Offense(s)

United

States v.

Drug ofDoddles,

2024 WL

fenses;

4521379

stacked

(W.D. Okla.

§ 924(c)s

Oct. 17,

2024)

United States

v. Barkley,

2024 WL

Armed Robbery; stacked

5233183

(N.D. Okla.

§ 924(c)s

Dec. 27,

2024)

Case Cite

15

24–26.5

43.25

Granted

Granted

16.75–

19.25

Outcome

25

Likely

Sentence

Disparity

if Imposed

(years)

Today

(years)

40

Original

Sentence

Length

(years)

31a

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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