United States v. Mannie, No. 19-6102 (10th Cir. 2020)
Annotate this CaseTo alleviate some of the impacts caused by the statutory sentencing disparity between crack cocaine and powder cocaine offenses, Congress passed the Fair Sentencing Act of 2010 (“2010 FSA”). In 2018, Congress passed the First Step Act (“2018 FSA”), which, inter alia, made the Fair Sentencing Act’s benefits retroactively applicable to offenders who committed offenses prior to the 2010 FSA’s effective date of August 3, 2010. Arthur Mannie, Jr., and Michael Maytubby moved the district court for reductions in their sentences pursuant to the 2018 FSA. In 2009, Mannie pleaded guilty to one count of possession with intent to distribute 50g or more of crack cocaine; Mannie's was ultimately sentenced to 262 months, the bottom of the guideline range. Because the 2010 FSA reduced the statutory maximum sentence for Mannie’s offense from life to forty years imprisonment, his alternate offense level was 34, rather than 37. This reduction, combined with a reduction for acceptance of responsibility, resulted in a new advisory guideline range of 188 months to 235 months. Mannie requested a below-guidelines sentence of 120 months or, in the alternative, a sentence at the bottom of the range, 188 months. In 2006, a jury convicted Maytubby of eight counts relating to his participation in a drug trafficking organization, including one count of conspiracy to distribute cocaine base. In 2007, Maytubby’s three original 235-month sentences were each reduced to 188 months, pursuant to Amendment 706. Seven years later, pursuant to Amendment 782, each of Maytubby’s three, modified, 188-month sentences was further reduced to 151 months. The district court declined to reduce either sentence under the FSAs; both Mannie and Maytubby appealed. After review, the Tenth Circuit concluded that in Mannie's case, the sentencing court presented a "thorough and reasonably articulated basis" for denying relief, and thus did not abuse its discretion in denying Mannie's request. With regard to Maytubby, the Tenth Circuit found his original sentences were not below the guideline range, and had been reduced to the bottom of the then-current guideline range. The court had no authority to reduce Maytubby's drug offense sentences further. Maytubby's appeal was dismissed for lack of standing.
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