Hughes also argues that he is eligible for a modification because his sentence is based on the Guidelines under a tort theory of proximate cause. A minority of courts apply a “logical subset” rule, requiring the holding to be the rule which fits into the broader opinion. See 18 U. S. C. §3582(c)(2).   In response, the Government largely recycles arguments that a majority of this Court rejected in Freeman. 20 Interference with Business etc., 71 1. Thus, applying the plea agreement, the district court imposed a 180-month sentence on Hughes. Id., at 544–548. See Brief for Petitioner 34–35 (referring to the possibility of such an “explicit waiver”). The statute, 18 U.S.C. But, in my view, that general rule was not absolute. And, “even within Circuits  that follow the Freeman concurrence, unwarranted disparities have resulted depending on the fortuity of whether a defendant’s Type-C agreement includes a specific-enough reference to a Guidelines range.” Ibid.  If the Guidelines range was not “a relevant part of the analytic framework the judge used to determine the sentence or to approve the agreement,” Freeman, supra, at 530, then the defendant’s sentence was not based on that sentencing range, and relief under §3582(c)(2) is unavail- able. R. Crim. Sotomayor, J., filed a concurring opinion. The district court can consider the benefits the defendant gained by entering a Type-C agreement when it decides whether a reduction is appropriate (or when it determines the extent of any reduction), “for the statute permits but does not require the court to reduce a sentence.” Freeman, supra, at 532.  The Government also contends that allowing courts to reduce the sentences of defendants like Hughes would be inconsistent with the Commission’s policy statement in USSG §1B1.10, which provides that when a district court modifies a sentence under §3582(c)(2) it “shall substitute only the [retroactive] amendments listed in subsection (d) for the corresponding guidelines provisions that were applied when the defendant was sentenced and shall leave all other guideline application decisions unaffected.” USSG §1B1.10(b)(1). Dillon v. United States,  560 U. S. 817, 820 (2010). Rule 11(c)(1)(C) permits a court to accept a plea agreement that lists a sentencing recommendation outside of the Sentencing Guidelines, but the court becomes bound by the recommendation once the court accepts the agreement.   The Sentencing Reform Act of 1984 authorizes the United States Sentencing Commission to establish, and retroactively amend, Sentencing Guidelines.   Parting ways with all eight of my colleagues, I concurred only in the judgment. Hughes claims that this chain of proximate causation explains that the sentence resulting from a C-type plea agreement often resembles the sentence under the Guidelines, whether the sentence follows or deviates from the Guidelines range. Davis, supra, at 1026; Epps, supra, at 351.  To resolve these differences over the proper application of Marks and the proper interpretation of §3582(c)(2), the Court granted certiorari in the present case. See ante, at 12–13. Hughes contends that the phrase “based on” requires a connection similar to proximate cause in tort law. § 3582(c)(2), which requires a sentence to be based on the Guidelines. 79 terms. See Koons v. United States, ___ U. S. ___, ___ (2018) (slip op., at 2) (a Guidelines range can be “overridden” by “a congressionally mandated minimum sentence”). (Reissue 1983) (Political Subdivisions Tort Claims Act). 17–155. Argued March 27, 2018—Decided June 4, 2018, Federal Rule of Criminal Procedure 11(c)(1). Because Freeman’s agreement presented one such case, I agreed with the plurality that he was eligible for a sentence reduction under §3582(c)(2). Consultation with our team is free and if you decide to pursue a claim, you wont have to … Even if the Court decided that Justice Sotomayor’s concurrence in Freeman was binding, Hughes contends that he is still eligible to apply for a sentence modification under 15 U.S.C. I held the view that sentences imposed under Type-C agreements are typically “based on” the agreements themselves, not on the Guidelines. The courts of appeals then confronted the question of what principle or principles considered in Freeman controlled when an opinion by four Justices and a concurring opinion by a single Justice had allowed a majority of this Court to agree on the judgment in Freeman but not on one interpretation or rule  that courts could follow in later cases when similar questions arose under the same statute and Rule. This kind of plea agreement is sometimes referred to as a “Type-C agreement.”. Proc. When an amendment applies retroactively, district courts may reduce the sentences of prisoners whose sentences were “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” §3582(c)(2). “Even if the sentencing judge sees a reason to vary from the Guidelines, if the judge uses the sentencing range as  the beginning point to explain the decision to deviate from it, then the Guidelines are in a real sense the basis for the sentence.” Ibid. The court stated that it had “considered the plea agreement [and] the sentencing guidelines, particularly the provisions of [§3553(a)],” and that it would “accept and approve the binding plea agreement.” App. That view has since garnered more votes, but has not gotten any more persuasive. Is a defendant who pleads guilty under Federal Rule of Criminal Procedure 11(c)(1)(C) eligible for sentence reduction when the pertinent Sentencing Guideline range is later modified by an amendment? USSG §6B1.2(c). View Torts 2 Assignment.docx from TORT LAW 1234 at Multimedia University, Bukit Beruang. The NACDL, in support of Hughes, affirms the comparatively weaker position of the defendant in a criminal trial by emphasizing that the vast majority of cases will end in a plea, rather than a trial, where about 91% of charged defendants will be convicted. About four months later, the Government and Hughes negotiated a Type-C plea agreement. See Brief for National Association of Criminal Defense Lawyers et al. Hughes also contends that Congress intended to allow C-type plea recipients to modify sentencing arrangements under § 3582(c)(2) because doing so furthers the Sentencing Reform Act’s goal of ensuring that defendants who commit similar crimes receive similar sentences. If the judge considers the parties’ chosen sentence to be inappropriate, he does not have discretion to impose a different one. Freeman, 564 U. S., at 531; see also id., at 540 (opinion of Sotomayor, J.). Hughes argues that allowing sentencing reductions for defendants who agreed to Rule 11(c)(1)(C) pleas makes plea bargaining more equitable, not less valuable to the government. United States v. Davis, 825 F. 3d 1014, 1021–1022 (CA9 2016) (en banc); United States v. Epps, 707 F. 3d 337, 350 (CADC 2013).  In 2013 petitioner Erik Hughes was indicted on drug and gun charges for his participation in a conspiracy to distribute methamphetamine. His main interest is in Private Law topics, with a particular focus on the tort of negligence. According to the United States, when the Marks rule is correctly applied to Freeman, the one-Justice concurrence agrees with the four-Justice plurality to the extent that some cases cannot be given reduced sentences under § 3582(c)(2). Law: Tort Law - Negligence. Tort law is a collection of such misbehaviours or misadventures where the law deems it appropriate to intervene with civil remedies. And in Molina-Martinez, the Court held that in the ordinary case a defendant suffers prejudice from a Guidelines error because of “the systemic function of the selected Guidelines range.” 578 U. S., at ___ (slip op., at 10). The United States also argues that, under the Sentencing Commission’s own instructions for using the Guidelines, revisions to the Guidelines should only be used to reduce a sentence where the same Guideline provisions were applied at the initial sentencing, which is not the case for a C-type plea agreement. This new textbook addresses a range of the most prominent torts. The United States responds that the connection between the Guidelines, the plea agreement, and the sentencing is too tenuous. See 21 U. S. C. §§841(b)(1)(A), 851(a). HUGHES v. UNITED STATES849 F. 3d 1008, reversed and remanded. 564 U. S., at 527–528 (plurality opinion).  The Court stresses that the question presented concerns only a Type-C defendant’s eligibility under §3582(c)(2), and that the district court might exercise its discretion to deny a reduction if it “concludes that it would have imposed the same sentence even if the defendant had been subject to the lower range.” Ante, at 14; see ante, at 13 (suggesting that the district court “can consider the benefits the defendant gained by entering a Type-C agreement” in deciding “whether a reduction is appropriate”). Under the revised Guidelines, Hughes’ sentencing range is 151 to 188 months—about three to four years lower than the range in effect when he was sentenced.  To be sure, the Guidelines are advisory only, and so not every sentence will be consistent with the relevant Guidelines range. Attorney Andrew Hughes has over 17 years of experience in the fields of railroad, trucking and toxic torts. In 2013, the federal government charged Erik Hughes with four counts of drug and firearm offenses. Still, cases like Koons are a narrow exception to the general rule that, in most cases, a defendant’s sentence will be “based on” his Guidelines range. A summary of the House of Lords decision in Hughes v Metropolitan Railway Co. Thus, there is no meaningful difference between a court’s decision to accept  a Type-C agreement that includes a particular sentence and the court’s decision (sometimes, as here, just minutes later) to impose that sentence. In exchange for the certainty of a binding 180-month sentence, the Government not only dropped additional charges against Hughes, but also promised not to pursue a recidivist enhancement that would have imprisoned him for life. provide[s] for a specific term of imprisonment . . . Brief for United States 52. Going forward, it presumably can add a provision to every Type-C agreement in which the defendant agrees to waive any right to seek a sentence reduction following future Guidelines amendments. P. 11(c)(1)(C) plea agreement is generally eligible for a sentence reduction if there is a later, retroactive amendment to the relevant Sentencing Guidelines range.” Pet. The United States contends that Hughes’s interpretation will upset the mutual advantage necessary to bring the defendant and government to the table because Hughes’s reading of § 3582(c)(2) allows defendants to retain the primary benefit conferred by pleas, such as a reduction in sentence and the potential elimination of charges, while withdrawing the benefit to the government, such as the assurance of a particular sentence or sentencing range. 2 The economic loss doctrine precludes a party from recovering in tort if the party has suffered only an economic loss and, therefore, should pursue its remedy in contract instead of in tort. The Court’s interpretation of §3582(c)(2) allows for just such revision, possibly many years down the line, when the Government has already fulfilled its side of the bargain.  In this case the District Court accepted Hughes’ Type-C agreement after concluding that a 180-month sentence was consistent with the Sentencing Guidelines. Since his sentencing, the Sentencing Commission amended the Guidelines, reducing the sentencing range for Hughes’s crime to between 151 and 188 months. And that is so regardless of whether a defendant pleaded guilty pursuant to a Type-C agreement or whether the agreement itself referred to a Guidelines range. The statutory language points to the reasons for the sentence that the district court imposed, not the reasons for the parties’ plea agreement. Two boys, aged 8 and 10, decided to explore an unattended manhole that had been left by workmen. The Commission later made amendment 782 retroactive for defendants who, like Hughes, already had been sentenced under the higher offense levels. Facts. As a result, “in the aftermath of Freeman, a defendant’s eligibility for a reduced sentence under §3582(c)(2) turns on the Circuit in which the case arises.” Ante, at 8. Id., at 544–551 (opinion of Roberts, C. J.). Applying the Supreme Court’s decision in Freeman v. United States, the district court rejected Hughes’s motion. Pp. 12–14. The court calcu-  lated Hughes’ Guidelines range as 188 to 235 months in prison and heard statements from Hughes’ daughter, mother, and Hughes himself. 35 terms.   (c) The Government’s counterarguments—that allowing defendants with Type-C agreements to seek reduced sentences under §3582(c)(2) would deprive the Government of a benefit of its bargain, namely, the defendant’s agreement to a particular sentence; and that allowing courts to reduce the sentences of defendants like Hughes would be inconsistent with one of the Commission’s policy statements—are unpersuasive.  A principal purpose of the Sentencing Guidelines is to  promote “uniformity in sentencing imposed by different federal courts for similar criminal conduct.” Molina-Martinez, 578 U. S., at ___ (slip op., at 2) (internal quotation marks and alteration omitted; emphasis deleted). The United States also contends that it is unfair that a defendant should receive a reduced sentence after the plea bargain is made, because the prosecutor may not have agreed to that shorter sentence and defendants knowingly bear the risk that the law may change in the future. Although in a Type-C agreement the Government and the defendant may agree to a specific sentence, that bargain is contingent on the district court accepting the agreement and its stipulated sentence. On August 19, 2004, Dalton Reb Hughes (the “Plaintiff”) and wife Sandra Hines Hughes filed suit under the Governmental Tort Liability Act (“GTLA”), Tenn.Code Ann. Those courts have adopted the plurality’s opinion as the most persuasive interpretation of §3582(c)(2). Quite the opposite, my individual views, which “[n]o other Justice . . . The very purpose of a Type-C agreement is to present the defendant’s sentence to the district court on a take-it-or-leave-it basis, preventing the district judge from altering the sentence as he sees fit. See, e.g., United States v. McNeese, 819 F. 3d 922, 929 (CA6 2016). Offense levels are a factor in the sentencing range calculation; a reduction in offense level decreases the sentencing range produced by the Sentencing Guidelines.  A sentence imposed pursuant to a Type-C agreement is no exception to the general rule that a defendant’s Guidelines range is both the starting point and a basis for his ultimate sentence. It ensures that similarly situated defendants are subject to a uniform legal rule.  In contrast, the Courts of Appeals for the District of Columbia and Ninth Circuits held that no opinion in Freeman provided a controlling rule because the reasoning in the concurrence was not a “logical subset” of the reasoning in the plurality. Experience has shown that, although the interpretation proffered by Justice Sotomayor’s concurring opinion in Freeman could be one permissible reading of §3582(c)(2), as a systemic, structural matter the system Congress put in place is best implemented by the interpretation confirmed in this case.  The Act requires the Commission to review and revise the Guidelines from time to time.  Hughes entered his guilty plea in December 2013. Hughes and Thigpen, as well as the other cases relied upon by the majority . The District Court denied the motion, concluding that Hughes is ineligible for relief; and the Court of Appeals for the Eleventh Circuit affirmed. To “base” means “[t]o make, form, or serve as a foundation for,” or “[t]o use (something) as the thing from which something else is developed.” Black’s Law Dictionary 180 (10th ed. Seven Terms ago the Court considered one of these issues in a case involving a prisoner’s motion to reduce his sentence, where the prisoner had been sentenced under a plea agreement authorized by a specific Rule of criminal procedure. Rejecting the categorical rule adopted by the dissent, I instead concluded that some Type-C sentences were “based on” the Guidelines and thus eligible for sentencing reductions under §3582(c)(2). 18 U. S. C. §3553(a). Ante, at 5; see App.   After petitioner Erik Hughes was indicted on drug and gun charges, he and the Government negotiated a Type-C plea agreement, which stipulated that Hughes would receive a sentence of 180 months but did not refer to a particular Guidelines range.  The Government may well be able to limit the frustrating effects of today’s decision in the long run. OTHER SETS BY THIS CREATOR.  The plurality of four Justices in Freeman concluded that defendants who plead guilty pursuant to a so-called “Type-C agreement” may be eligible for a sentence reduction under §3582(c)(2) because Type-C sentences are “based on the Guidelines” “to whatever extent the sentencing range in question was a relevant part of the analytic framework the judge used to determine the sentence or to approve the agreement.” 564 U. S., at 530. The court may not accept the agreement unless the court is satisfied that “(1) the agreed sentence is within the applicable guideline range; or (2)(A) the agreed sentence is outside the applicable guideline range for justifiable reasons; and (B) those reasons are set forth with specificity.” United States Sentencing Commission, Guidelines Manual §6B1.2(c) (Nov. 2016) (USSG). Roberts, C. J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. shares,” have contributed to ongoing discord among the lower courts, sown confusion among litigants, and left “the governing rule uncertain.” Arizona v. Gant, 556 U. S. 332, 354 (2009) (Scalia, J., concurring); see Brief for National Association of Criminal Defense Lawyers et al. Likewise, a “base” is “[t]he starting point or foundational part of something,” or “[a] point, part, line, or quantity from which a reckoning or conclusion proceeds.” Ibid.  1. A sentence imposed pursuant to a Type-C agreement is “based on” the defendant’s Guidelines range so long as that range was part of the framework the district court relied on in imposing the sentence or accepting the agreement. for Cert. Less than two months after Hughes’s sentencing, the Sentencing Commission modified the Sentencing Guidelines via Amendment 782. Another is the situation before us, where Rule 11(c)(1)(C) compels the district court to sentence the defendant to a term chosen by the parties, or none at all. 33 terms. Tort law is a collection of such misbehaviours or misadventures where the law deems it appropriate to intervene with civil remedies. The District Court has discretion to decide whether to reduce Hughes’ sentence after considering the §3553(a)  factors and the Commission’s relevant policy statements.   (a) A principal purpose of the Sentencing Guidelines is to promote sentencing uniformity. to Pet.  After this Court’s decision in United States v. Booker, 543 U. S. 220 (2005), the Guidelines are advisory only. Freeman v. United States, 564 U. S. 522 (2011). Further, even within Circuits that follow the Freeman concurrence, unwarranted disparities have resulted depending on the fortuity of whether a defendant’s Type-C agreement includes a specific-enough reference to a Guidelines range. It is also reinforced by Molina-Martinez and Peugh, which both confirm that the Guidelines remain a basis for almost all federal sentences. In Freeman v. United States, 564 U. S. 522, this Court considered whether a prisoner who had been sentenced under a plea agreement authorized by the Federal Rules of Criminal Procedure could have his sentence reduced under 18 U. S. C. §3582(c)(2) when his Federal Guidelines sentencing range was lowered retroactively. Workmen were completing some underground maintenance of some telephone equipment, meaning they had to open a manhole cover. Because Freeman’s fractured disposition provided insufficient guidance, courts of appeals have struggled over whether they should follow the Freeman plurality or my separate concurrence. C, Amdt. Freeman, 564 U. S., at 529–530. Hughes argues that C-type plea agreements are based on the Guidelines because the defendant and the prosecutor negotiate a range using the Guidelines. 849 F. 3d 1008, 1016 (2017); App. All that said, there may be circumstances in which the Government makes substantial concessions in entering into a Type-C agreement with a defendant—e.g., by declining to pursue easily proved and weighty sentencing enhancements—such that there is a compelling case that the agreed-upon sentence in the Type-C agreement would not have been affected if the subsequently lowered Guidelines range had been in place at the relevant time. In this case, the Supreme Court will determine whether Erik Hughes is eligible for a sentence reduction even though he pled guilty with a binding sentence agreement. We are a toxic tort law firm dedicated to serving people sickened by exposures to benzene. They took a tea break, and when this happened Hughes, a young boy, went into the manhole to explore. But those cases—which do not concern the language of §3582(c)(2) or sentencing pursuant to Type-C agreements—do not inform the distinct question at hand. Id., at 36a, 47a. The United States also disagrees that the outcome-based approach would improperly give the opinion of a single Justice binding authority, even though eight other Justices disagree, because a majority of Justices would necessarily agree with the outcome of the case. “The Act aims to create a comprehensive sentencing scheme in which those who commit crimes of similar severity under similar conditions receive similar sentences.” Freeman, 564 U. S., at 533. “Section 3582(c)(2) contri- butes to that goal by ensuring that district courts may adjust sentences imposed pursuant to a range that the Commission concludes [is] too severe, out of step with the seriousness of the crime and the sentencing ranges of analogous offenses, and inconsistent with the Act’s purposes.” Ibid. for Cert. 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