United States v. Lawin, No. 14-2577 (8th Cir. 2015)
Annotate this CaseIn 2012, Lawin began to purchase and distribute MDMA (ecstasy). In 2014 Lawin pleaded guilty to conspiracy to distribute a controlled substance, 21 U.S.C. 841(a)(1), 841(b)(1)(C), and 846. Before the sentencing hearing, both parties asked the court to vary downward by two levels in anticipation of Amendment 782 to the United States Sentencing Guidelines. The district court recognized it had authority to vary downward but declined to do so, explaining the proposed amendment was not guaranteed to take effect; calculated Lawin's sentencing guidelines range to be 135 to 168 months; and sentenced him to 147 months' imprisonment. The Eighth Circuit affirmed. The district court was not required to consider the pending guidelines amendment. Consideration of the pending amendment is merely permissible, not required.
Court Description: Criminal case - Sentencing. The district court was not required to consider then-pending Amendment 782 in determining defendant's guidelines calculation, as a sentencing court may consider pending Amendments but is not required to prospectively apply a pending Amendment; nor did the district court err in denying defendant's motion to continue sentencing until after the effective date of Amendment 782; defendant may filed a motion for reduction to pursue the benefits of Amendment 782; the ability to apply for this relief does not render the appeal moot since defendant has neither received the relief he seeks in this appeal nor is he guaranteed to receive it under Sec. 3582(c)(2). Judge Bright dissenting and asserting the appeal is, for all practical purposes, moot and the the matter should either be dismissed or remanded with instructions to the district court to consider whether defendant is entitled to a sentence reduction in light of Amendment 782 [ March 04, 2015
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