United States v. Charles

Convicted on drug and weapons charges in 1996, Charles received a sentence of 35 years. Charles obtained a sentence reduction, to 24 years plus four months) under 18 U.S.C. 3582(c)(2) following the Sentencing Commission’s change to the crack cocaine guideline. The Sixth Circuit reversed. As a career offender, Charles was ineligible for the reduction. On remand, the district court reimposed Charles’ original 35-year sentence. The Sixth Circuit affirmed, rejecting an argument that its previous decision gave the district court “the opening to correct an illegality” through a new sentencing. The order stated clearly that the remand was “for purposes of entering an order that rejects Charles’ section 3582(c)(2) motion.” A district court must respect the scope of the remand. Section 3582(c)(2) limits who is eligible for relief. As a career offender, Charles was ineligible, Charles’ sentence is not “illegal” in a way that permits relief by the courts from this final sentence. Although the Supreme Court has held that facts elevating a crime’s penalty, such as drug quantities, must be found by a jury beyond a reasonable doubt, those decisions do not apply to final sentences like this one. The court recognized that Charles has achieved “[a]n extraordinary record,” of rehabilitation and of “good works.”Executive clemency provides Charles another avenue for relief. View "United States v. Charles" on Justia Law