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SUPREME COURT OF THE UNITED STATES
_________________
No. 17–5716
_________________
TIMOTHY D. KOONS, KENNETH JAY PUTENSEN, RANDY
FEAUTO, ESEQUIEL GUTIERREZ, AND JOSE MANUEL GARDEA, PETITIONERS
v. UNITED STATES
on writ of certiorari to the united states
court of appeals for the eighth circuit
[June 4, 2018]
Justice Alito delivered the opinion of the
Court.
Under 18 U. S. C. §3582(c)(2), a
defendant is eligible for a sentence reduction if he was initially
sentenced “based on a sentencing range” that was later lowered by
the United States Sentencing Commission. The five petitioners in
today’s case claim to be eligible under this provision. They were
convicted of drug offenses that carried statutory mandatory minimum
sentences, but they received sentences below these mandatory
minimums, as another statute allows, because they substantially
assisted the Government in prosecuting other drug offenders. We
hold that petitioners’ sentences were “based on” their mandatory
minimums and on their substantial assistance to the Government, not
on sentencing ranges that the Commission later lowered. Petitioners
are therefore ineligible for §3582(c)(2) sentence reductions.
I
All five petitioners pleaded guilty before the
same sentencing judge to methamphetamine conspiracy offenses that
subjected them to mandatory minimum sentences under 21
U. S. C. §841(b)(1). Before the District Court imposed
those sentences, however, it first calculated petitioners’ advisory
Guidelines ranges, as district courts do in sentencing proceedings
all around the country. These ranges take into account the
seriousness of a defendant’s offense and his criminal history in
order to produce a set of months as a recommended sentence
(
e.g., 151 to 188 months for petitioner Koons). But not only
are these ranges advisory, they are also tentative: They can be
overridden by other considerations, such as a congressionally
mandated minimum sentence. Indeed, the Guidelines themselves
instruct that “[w]here a statutorily required minimum sentence is
greater than the maximum of the applicable guideline range, the
statutorily required minimum sentence shall be the [final]
guideline sentence.” United States Sentencing Commission,
Guidelines Manual §5G1.1(b) (Nov. 2016) (USSG); see also
§1B1.1(a)(8).
That is what happened here. In each of
petitioners’ cases, the top end of the Guidelines range fell below
the applicable mandatory minimum sentence, and so the court
concluded that the mandatory minimum superseded the Guidelines
range.
E.g., App. 197; see also
id., at 70. Thus, in
all five cases, the court discarded the advisory ranges in favor of
the mandatory minimum sentences. See
id., at 114–115, 148,
174, 197, 216.
When a statute sets out a mandatory minimum
sentence, a defendant convicted under that statute will generally
receive a sentence at or above the mandatory minimum—but not
always. If the defendant has substantially assisted the Government
“in the investigation or prosecution of another person,” the
Government may move under 18 U. S. C. §3553(e) to allow
the district court to “impose a sentence below” the mandatory
minimum “so as to reflect [the] defendant’s substantial
assistance.”
The Government filed such motions in each of
petitioners’ cases, and in each case, the District Court departed
downward from the mandatory minimum because of petitioners’
substantial assistance. In settling on the final sentences, the
court considered the so-called “substantial-assistance factors”
found in §5K1.1(a) of the Guidelines, all of which relate to the
assistance defendants supply the Government. App. 80, 197; see,
e.g., USSG §§5K1.1(a)(1)–(3), (5) (the “extent,”
“timeliness,” “significance[,] and usefulness” of the defendant’s
assistance and the “truthfulness, completeness, and reliability of
[the] information” provided). In no case did the court consider the
original drug Guidelines ranges that it had earlier discarded. See
App. 115–116, 148–154, 174–177, 197–198, 216–218. The sentences
ultimately imposed in these cases represented downward departures
from the mandatory minimums of between 25 and 45 percent. See Brief
for United States 3.
Years after petitioners’ sentences became final,
the Sentencing Commission issued amendment 782, which reduced the
Guidelines’ base offense levels for certain drug offenses,
including those for which petitioners were convicted. See USSG App.
C, Amdt. 782 (Supp. Nov. 2012–Nov. 2016); see also
Hughes v.
United States,
ante, at 7. And because the amendment
applied retroactively,
ibid., it made defendants previously
convicted of those offenses potentially eligible for a sentence
reduction under §3582(c)(2).
Petitioners sought such reductions, but in order
to qualify, they had to show that their sentences were “based on”
the now-lowered drug Guidelines ranges. §3582(c)(2). The courts
below held that petitioners could not make that showing, App.
93–97; 850 F. 3d 973, 977 (CA8 2017), and we granted
certiorari to review the question, 583 U. S. ___ (2017).
II
We hold that petitioners do not qualify for
sentence reductions under §3582(c)(2) because their sentences were
not “based on” their lowered Guidelines ranges. Instead, their
sentences were “based on” their mandatory minimums and on their
substantial assistance to the Government.[
1]
A
For a sentence to be “based on” a lowered
Guidelines range, the range must have at least played “a relevant
part [in] the framework the [sentencing] judge used” in imposing
the sentence.
Hughes,
ante, at 14; see
ante,
at 10–11. The Guidelines range will often play that part, for
district judges must calculate the defendant’s advisory range and
then will frequently tie the sentence they impose to that range.
See
ante, at 9–10; see also §3553(a)(4). But that is not
always the case. After all, the Guidelines are advisory, and in
some instances they even explicitly call for the ranges to be
tossed aside. When that happens—when the ranges play no relevant
part in the judge’s determination of the defendant’s ultimate
sentence—the resulting sentence is not “based on” a Guidelines
range.
Petitioners’ sentences fall into this latter
category of cases. Their sentences were not “based on” the lowered
Guidelines ranges because the District Court did not consider those
ranges in imposing its ultimate sentences. On the contrary, the
court scrapped the ranges in favor of the mandatory minimums, and
never considered the ranges again; as the court explained, the
ranges dropped out of the case. App. 114–115, 148, 174, 197, 216.
And once out of the case, the ranges could not come close to
forming the “basis for the sentence that the District Court
imposed,”
Hughes,
ante, at 14, and petitioners thus
could not receive §3582(c)(2) sentence reductions.
B
Petitioners’ four counterarguments do not
change our conclusion.
First, petitioners insist that because the
Guidelines ranges serve as “the starting point for every sentencing
calculation in the federal system,”
Peugh v.
United
States, 569 U. S. 530, 542 (2013),
all sentences
are “based on” Guidelines ranges. See Brief for Petitioners 21–22;
Reply Brief 16–17. It is true that our cases require sentencing
judges to calculate the now-advisory Guidelines range in every
sentencing proceeding. And it is true that many judges use those
ranges as “the foundation of [their] sentencing decisions.”
Hughes,
ante, at 8.
But it does not follow that any sentence
subsequently imposed must be regarded as “based on” a Guidelines
range. What matters, instead, is the role that the Guidelines range
played in the selection of the sentence eventually imposed—not the
role that the range played in the initial calculation. And here,
while consideration of the ranges may have served as the “starting
point” in the sense that the court began by calculating those
ranges, the ranges clearly did not form the “foundation” of the
sentences ultimately selected. See
Hughes,
ante, at
9–11. In constructing a house, a builder may begin by considering
one design but may ultimately decide to use entirely different
plans. While the first design would represent the starting point in
the builder’s decisionmaking process, the house finally built would
not be “based on” that design. The same is true here. Petitioners’
sentences were not “based on” Guidelines ranges that the sentencing
judge dis- carded in favor of mandatory minimums and
substantial-assistance factors.
Second, petitioners argue that even if their
sentences were not actually based on their Guidelines ranges, they
are eligible under §3582(c)(2) because their sentences
should
have been based on those ranges. See Brief for Petitioners
25–34.[
2] But even under that
reading of “based on,” petitioners are not eligible because the
District Court made no mistake at sentencing. Petitioners emphasize
that when a court departs downward because of a defendant’s
substantial assistance, §3553(e) requires it to impose a sentence
“in accordance with the guidelines.”
Id., at 28 (emphasis
deleted). But that does not mean “in accordance with the guidelines
range.” Instead, a court imposes a sentence “in accordance
with the guidelines” when it follows the Guidelines—including the
parts of the Guidelines that instruct it to disregard the advisory
ranges, see USSG §§1B1.1(a)(8), 5G1.1(b)—in settling on a sentence.
And that is precisely what the court did here. It properly
discarded the advisory ranges,
ibid., and permissibly
considered only factors related to petitioners’ substantial
assistance, rather than factors related to the advisory ranges, as
a guide in determining how far to depart downward, USSG §5K1.1. See
§3553(e).[
3]
Third, petitioners stress that the Sentencing
Commission’s policy statement makes clear that the Commission
wanted defendants in their shoes to be eligible for sentence
reductions. Brief for Petitioners 35–38; see USSG §1B1.10(c)
(policy statement). But the Commission’s policy statement cannot
alter §3582(c)(2), which applies only when a sentence was “based
on” a subsequently lowered range. The Sentencing Commission may
limit the application of its retroactive Guidelines amendments
through its “ ‘applicable policy statements.’ ”
Dillon v.
United States, 560 U. S. 817, 824–826
(2010). But policy statements cannot make a defendant eligible when
§3582(c)(2) makes him ineligible. See
id., at 824–825. In
short, because petitioners do not satisfy §3582(c)(2)’s threshold
“based on” requirement, the Commission had no power to enable their
sentence reductions.
Fourth and finally, far from creating
“unjustifiable sentencing disparities,” Brief for Petitioners
38–42, our rule
avoids such disparities. Identically
situated defendants sentenced today may receive the same sentences
as petitioners received. See App. 89–90. Now, as then, district
courts calculate the advisory Guidelines ranges, see USSG
§1B1.1(a)(7); discard them in favor of the mandatory minimum
sentences, §§1B1.1(a)(8), 5G1.1(b); and then may use the
substantial-assistance factors to determine how far to depart
downward, §§1B1.1(b), 5K1.1(a). See §3553(e). Those resulting
sentences, like the sentences here, are not “based on” a lowered
Guidelines range—they are “based on” the defendants’ mandatory
minimums and substantial assistance to the Government. And those
defendants, like petitioners, are not eligible for sentence
reductions under §3582(c)(2).
* * *
For these reasons, we affirm.
It is so ordered.
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