United States v. Gayle, No. 12-1103 (3d Cir. 2012)
Annotate this CaseIn 2003, Berberena pled guilty to conspiracy to distribute crack cocaine; possession of crack with intent to distribute; and possession of powder cocaine with intent to distribute. The district court calculated an advisory Guidelines range of 210-262 months but varied downward to impose a sentence of 150 months. In 2006, Gayle was convicted of possession of a firearm by a convicted felon; possession of crack with intent to distribute; and possession of a firearm in furtherance of drug trafficking. The district court calculated a range of 168-210 months for two counts, but varied downward to 120 months. Because one count carried a mandatory consecutive 60-month sentence, the court sentenced him to 180 months. In 2010, the Fair Sentencing Act changed the threshold quantities of crack that trigger mandatory minimum sentences. Berberena and Gayle moved for sentence reductions under 18 U.S.C. 3582(c)(2). The district court applied a policy statement that generally prohibits a reduction below the low end of a prisoner’s new range, even if the prisoner originally received a below-Guidelines sentence. Berberena’s motion was denied. Gayle’s motion was granted in part. The Third Circuit affirmed, rejecting arguments that the Commission exceeded its statutory authority, violated separation-of-powers principles, and failed to comply with APA notice-and-comment requirements.
The court issued a subsequent related opinion or order on September 26, 2012.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.