Latest Case: United States v. Alexander (Criminal Law)

Another Attempt to Find Optimism in American Politics

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan continues his series of columns attempting to find optimism in what he describes as “post-constitutional life in America.” In this installment, Buchanan notes that President Trump’s reactions to COVID-19 are a reason for optimism because they reflect a fear that a pandemic (and market responses to a pandemic) could threaten his hold on the White House.

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United States v. Alexander

Docket: 19-1522

Opinion Date: March 4, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

In 2007, Alexander pleaded guilty to possession with intent to distribute more than 50 grams of cocaine base; the offense carried a statutory penalty range of 10 years to life imprisonment. The PSR attributed to Alexander 258.58 grams of cocaine base and Alexander was designated a career offender. The Sixth Circuit affirmed a 360-month sentence. In 2019, Alexander filed a pro se motion for a reduced sentence, citing section 404 of the First Step Act, which made retroactive certain sections of the Fair Sentencing Act of 2010. Under the Fair Sentencing Act, an offense involving 50 grams of cocaine base carries a statutory maximum of 40 years of imprisonment, 21 U.S.C. 841(b)(1)(B)(iii) and his guidelines range became 262-327 months. Alexander asserted that “[a] sentence of 262 months would be reasonable.” The district court reduced his sentence to 262 months. Alexander appealed, arguing that the district court erred in failing to conduct a de novo resentencing hearing that would permit him to argue in support of a sentence outside the reduced guidelines range. The Sixth Circuit affirmed. The First Step Act’s limited, discretionary authorization to impose a reduced sentence is inconsistent with a plenary resentencing. Alexander did not raise his arguments that he should have received a one-level reduction for acceptance of responsibility and concerning his post-offense rehabilitation and serious medical condition in his motion for a sentence reduction.