Filed: Apr. 27, 2007
Latest Update: Mar. 02, 2020
Summary: Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit 4-27-2007 USA v. Reid Precedential or Non-Precedential: Non-Precedential Docket No. 06-1483 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007 Recommended Citation "USA v. Reid" (2007). 2007 Decisions. Paper 1196. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/1196 This decision is brought to you for free and open access by the Opinions of the United States C
Summary: Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit 4-27-2007 USA v. Reid Precedential or Non-Precedential: Non-Precedential Docket No. 06-1483 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007 Recommended Citation "USA v. Reid" (2007). 2007 Decisions. Paper 1196. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/1196 This decision is brought to you for free and open access by the Opinions of the United States Co..
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Opinions of the United
2007 Decisions States Court of Appeals
for the Third Circuit
4-27-2007
USA v. Reid
Precedential or Non-Precedential: Non-Precedential
Docket No. 06-1483
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007
Recommended Citation
"USA v. Reid" (2007). 2007 Decisions. Paper 1196.
http://digitalcommons.law.villanova.edu/thirdcircuit_2007/1196
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
University School of Law Digital Repository. It has been accepted for inclusion in 2007 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
____________
No. 06-1483
____________
UNITED STATES OF AMERICA
v.
WILLIAM A. REID,
Appellant
____________
On Appeal from the United States District Court
for the Middle District of Pennsylvania
D.C. Criminal Action No. 04-cr-00271-2
(Honorable James F. McClure, Jr.)
____________
Submitted Pursuant to Third Circuit LAR 34.1(a)
April 26, 2007
Before: SCIRICA, Chief Judge, FUENTES, and ALARCÓN,* Circuit Judges.
(Filed: April 27, 2007)
____________
OPINION OF THE COURT
____________
ALARCÓN, Circuit Judge.
*
The Honorable Arthur L. Alarcón, Senior Judge of the United States Court of
Appeals for the Ninth Circuit, sitting by designation.
William Reid appeals from the District Court’s order sentencing him to 140
months of imprisonment, five years of supervised release, and a special assessment of
$100. Mr. Reid contends that his sentence is unreasonable because “the District Court
failed to depart sufficiently to compensate for the assistance proved by Mr. Reid and his
co-defendant girlfriend on his behalf.” Brief of Appellant at 11. Mr. Reid also claims his
sentence was unreasonable because the District Court failed to accord adequate
consideration to the impact of the career offender status under the Sentencing Guidelines,
and to the disparity between sentences imposed on co-conspirators. Id. at 17-19. We will
affirm because we conclude that the District Court’s sentencing decision was reasonable.
I
A
Beginning in January 13, 2003, Mr. Reid’s co-defendant William Neidig sent cash
to another co-defendant, Gregory Jones in Seattle, who in turn purchased cocaine from
his sources, including co-defendant Jeffrey Haggert in Los Angeles. The cocaine was
shipped to Mr. Neidig’s wholesale distributors in Pennsylvania, including Mr.
Reid. Mr. Reid used various addresses to receive the cocaine, including his mother’s
address at RR2 Box 336C, Sunbury, Pennsylvania, and his girlfriend’s address at RR3
Box 244A, Middleburg, Pennsylvania. Mr. Reid used the names “Josh Smith” or “John
Smith” to sign for the cocaine packages. He subsequently sold the cocaine to street
dealers in Northumberland and Snyder Counties.
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B
On August 23, 2005, Mr. Reid pled guilty to conspiracy to distribute and possess
with intent to distribute in excess of five kilograms of cocaine in violation of 21 U.S.C. §
846. Mr. Reid’s Presentence Report (“PSR”) provided a total base offense level of 34
and a criminal history category VI because he qualified as a career offender pursuant to
U.S.S.G. § 4B1.1. Mr. Reid’s three prior drug distribution felony convictions qualified
him for career offender status. This calculation produced a sentencing range of 262 to
327 months.
The District Court rejected Mr. Reid’s claim that his base offense level should be
32 because his plea agreement with the Government indicated that 32 was the relevant
base offense level. The District Court held that nothing in the plea agreement precluded it
from considering the career offender provision of the Sentencing Guidelines.
The Government filed a motion for downward departure based on Mr. Reid’s
substantial assistance to the Government, pursuant to U.S.S.G. § 5K1.1. It recommended
a downward departure of four levels.
Mr. Reid requested an additional downward departure. He contended that he
played a minor role in the overall offense and that the career offender guideline range
resulted in a sentencing disparity when compared to the sentences imposed on his co-
defendants. The District Court considered these arguments along with the sentencing
factors provided by 18 U.S.C. § 3553(a), and granted a downward departure of six levels.
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The resulting sentencing range was 140 to 175 months. The District Court then sentenced
Mr. Reid to 140 months of imprisonment.
Mr. Reid filed a timely notice of appeal on February 6, 2005. We have jurisdiction
pursuant to 18 U.S.C. § 3742(a)(1)-(2).
II
A
Mr. Reid contends that the District Court erred by failing to depart downward
sufficiently to compensate for the assistance he and his girlfriend provided to the
Government. This Court held in United States v. Cooper, 437 F.3d 324 (3d Cir. 2006)
that the Supreme Court’s decision in United States v. Booker,
543 U.S. 220 (2005) did not
overrule the law of this Circuit that we lack the jurisdiction to review the extent of a
downward departure.
Cooper, 437 F.3d at 332-33.
Mr. Reid does not contend that the District Court misinterpreted the relevant
statutory provisions or Sentencing Guidelines. The record further shows that the District
Court was aware that it had discretion to depart from the advisory guideline range by
doing so. Accordingly, we conclude that we lack the jurisdiction to review Mr. Reid’s
claim that the District Court abused its discretion in failing to order an additional
downward departure based on the role he played in securing the assistance of his
girlfriend.
B
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Mr. Reid also contends that his sentence is unreasonable because the District Court
failed to consider adequately the impact of the career offender status under the Sentencing
Guidelines and the disparity between sentences imposed on co-conspirators, and failed to
consider the assistance he and his co-defendant girlfriend provided to the Government.
We review a criminal sentence for reasonableness. United States v. Booker, 543
U.S. at 261. “We exercise plenary review over the District Court’s interpretation of the
Sentencing Guidelines and constitutional questions.” United States v. Lennon,
372 F.3d
535, 538 (3d Cir. 2004). “We review the District Court’s factual findings for clear error,
and the District Court’s application of those facts to the Guidelines for an abuse of
discretion.”
Id. (internal citations omitted).
“[W]hile not bound to apply the Guidelines, [District Courts] must consult those
Guidelines and take them into account when sentencing.” United States v. Cooper, 437
F.3d 324, 325 (3d Cir.2006). District Courts must impose sentences that promote the
“sentencing goals” listed in 18 U.S.C. § 3553(a).
Id. at 325-26. The record must
demonstrate that the District Court gave meaningful consideration to the factors listed in
§ 3553(a).
Id. at 329. A trial court does not have “to discuss and make findings as to
each of the § 3553(a) factors. . . .”
Id. “On the other hand, a rote statement of the §
3553(a) factors should not suffice if at sentencing either the defendant or the prosecution
properly raises a ground of recognized legal merit (provided it has a factual basis) and the
5
court fails to address it.” Id. (internal quotation marks and citation omitted).
“[A]ppellants have the burden of demonstrating unreasonableness.”
Id. at 332.
In this case, the District Court properly calculated Mr. Reid’s base offense level
under the Sentencing Guidelines. The District Court also indicated that it “considered all
seven factors set forth in 18 United States Code, section 3553(a).”
During the sentencing proceedings, Mr. Reid objected to the application of the
career offender status to his sentence because it increased his base offense level above the
level contemplated by his plea agreement. The District Court considered this argument
and ultimately rejected it because it believed that the terms of the plea agreement do not
conflict with the application of the career offender status. Mr. Reid argues that applying
the career criminal status to his sentence strips him of the benefits of entering into a plea
agreement. We disagree. The plea agreement clearly indicates that “none of [the plea
bargain’s Sentencing Guideline] recommendations is binding upon either the court or the
United States Probation office.” Moreover, Rule 11(c)(1)(B) of the Federal Rules of
Criminal Procedure provides that an agreement that a particular sentence is appropriate
does not bind the court.
Mr. Reid also asked the District Court to depart downward based on his assistance
to the Government and to balance alleged sentencing disparities between the sentences
imposed on him and his co-defendants. The District Court considered his assistance. It
departed an extra level, beyond that recommended by the Government, in light of the
6
assistance that he provided to the Government. Furthermore, the District Court departed
downward another level to balance any sentencing disparity between his sentence and that
imposed on his co-defendants. Thus, the record demonstrates that the District Court gave
sufficient meaningful consideration to the § 3553(a) factors.
For the foregoing reasons, we will affirm the judgment of the District Court.
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