United States District Court, W.D. Missouri, Western Division
NANETTE K. LAUGHREY, UNITED STATES DISTRICT JUDGE
Narrico T. Scott asks the Court to reconsider its order
denying his 18 U.S.C. § 3582(c)(2) motion for sentence
reduction based on the Fair Sentencing Act of 2010 and
Amendment 750 to the Sentencing Guidelines. Doc. 1148. The
motion to reconsider is denied.
7, 2011, a second superseding indictment was returned in
which Scott and nine others were charged with various drug
and drug-related charges. Doc. 2. As relevant here, Count I
charged Scott with conspiracy to distribute 5 kilograms or
more of cocaine and 50 grams or more of cocaine base (crack
cocaine), under 21 U.S.C. § 841(a)(1) and (b)(1)(A),
§ 846, and § 851. On May 31, 2011, the government
filed a notice and information stating its intent to use
Scott's prior felony convictions for sale of a controlled
substance and second-degree trafficking in the Circuit Court
of Jackson County, Missouri to enhance his statutory
penalties for Count I to a mandatory minimum of not less than
20 years. Doc. 348.
February 7, 2012, Scott plead guilty to Count I under a
written plea agreement. Doc. 920 (hearing transcript), pp.
6-7; Doc. 645 (Plea Agreement). In the agreement, Scott
admitted he conspired with his co-defendants to distribute
cocaine and cocaine base. He was responsible for distribution
of over 840 grams of cocaine base. He also had a prior felony
drug conviction in the Circuit Court of Jackson County,
Missouri, for sale of a controlled substance, a class B
felony. The agreement further states that the
“applicable Guidelines Manual is the one that took
effect on November 1, 2010, ” but elsewhere states that
the sentencing court “[would] determine the
applicable…Guideline range at the time of
sentencing[.]” Doc. 645 pp. 5, and 7-8.
Presentence Investigation Report was prepared by the United
States Probation and Pretrial Services Office, Doc. 778, and
Scott was sentenced on December 20, 2012, Doc. 922. The PSR
provided that the offense-level computation was based on the
“Guidelines Manual effective November 1, 2011.”
Doc. 778, p. 14, ¶ 54. The advisory Guidelines range
calculated under the November 1, 2011 Guidelines was 292 to
365 months. The court sentenced him to 240 months, the
statutory mandatory minimum sentence. Doc. 778, p. 27; Doc.
905, p. 2; and 21 U.S.C. § 841(b)(1)(A). Scott appealed
and the Eighth Circuit affirmed. United States v.
Scott, 541 Fed.Appx. 720 (8th Cir. 2013).
filed a motion under 18 U.S.C. § 3582(c)(2) for sentence
reduction, which this Court denied. The Court held he was not
eligible for a reduction because he was sentenced after the
effective date of Amendment 750 and his sentence had
incorporated the reduction allowed by the amendment. Doc.
argues that in denying his motion under § 3582(c)(2),
the Court failed to afford him the benefit of the changes in
the Fair Sentencing Act of 2010 and the U.S. Sentencing
Commission Guidelines Manual in effect at the time of his
sentencing-the November 1, 2011 version.
3582(c)(2) permits a district court to reduce a
defendant's sentence if: (1) the defendant's initial
sentence was based on a sentencing range that has
subsequently been lowered by the Sentencing Commission, and
(2) the reduction is consistent with policy statements issued
by the Commission. Section 3582(c)(2) affords Scott no
relief, for two reasons.
Scott was sentenced to a statutory mandatory minimum sentence
and the Guidelines cannot alter such a sentence.
Specifically, Scott was sentenced pursuant to 21 U.S.C.
§ 841. In relevant part, § 841 applies as
follows to a person who distributes 280 grams or more of
cocaine base and has a prior conviction for a felony drug
If any person [distributes 280 grams or more of cocaine base]
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of
imprisonment which may not be less than 20 years and not more
than life imprisonment […].
plead guilty to a count of conspiracy to distribute 50 grams
or more of cocaine base, and the plea agreement and PSR
reflect that Scott's offense involved at least 840 grams
of cocaine base. Thus, Scott's offense met the threshold
cocaine base amount provided under § 841(b)(1)(A)(iii),
as amended in 2010. He also had a prior, final conviction for
a felony drug offense and the Government filed a notice and
information stating its intent to use the felony to enhance
Scott's statutory penalties to a mandatory minimum of not
less than 20 years. Therefore the changes to § 841 in
2010 would not have permitted ...