United States v. Taylor, No. 09-1961 (6th Cir. 2011)Annotate this Case
The defendant entered a guilty plea as a felon in possession of a firearm, 18 U.S.C. 922(g), and was sentenced to 120 months incarceration. The Sixth Circuit remanded for resentencing under the Armed Career Criminal Act (ACCA). After a Michigan state court amended the judgment of one of defendant’s predicate convictions for the ACCA enhancement, the district court reimposed the same 120-month sentence. The Sixth Circuit vacated and remanded. The resentencing preceded the Supreme Court’s 2011 decision in Pepper v. United States, in which the court invalidated 18 U.S.C. 3742(g)(2), the subsection that prohibits the district court from resentencing a defendant outside the applicable guidelines range except in two narrow circumstances. The court rejected a challenge to 3742(g)(1), which states that the court should use guidelines in effect at the time of original sentencing, but held that the district court erred in refusing to consider subsequent amendments to the sentencing guidelines under the section 3553(a) factors. Consideration of amendments that benefit the government is subject to ex post facto limitations.