In U.S. v. Williams, No. 05-13205 (July 21, 2006), on a government appeal, the Court reversed a district court’s sentence, finding that it improperly exercised its discretion under 18 U.S.C. § 3553(a) to reduce a defendant’s sentence based on the disproportionate crack vs powder cocaine rules, disagreement with the Guidelines career offender enhancements, and its belief that the government manipulated the sentence by arranging to purchase crack instead of powder cocaine in a sting operation.
The Court noted that the district court explained its lower sentence based the general 100-1 disparity between punishments for defendants convicted of crack cocaine trafficking compared to those convicted on powder cocaine charges. The Court found that in view of Congressional intent to maintain this disparity, and notwithstanding repeated criticisms of it by the sentencing commission, this was an impermissible sentencing consideration. "Federal courts are not at liberty to supplant this policy decision." The Court rejected reliance on § 3553(a)(6), finding that the disparity was not "unwarranted" because it was endorssed by Congress. Finally, the Court rejected the argument that the 100-1 ratio was Sentencing Commission, not Congressional, policy. Congress established the ratio, and rejected repeated Commission proposals to change it.
The Court noted that in cases where "individualized" factors might counsel against a Guideline sentence, the 100-1 ratio might not apply, but here the district court categorically rejected the 100-1 choice.
The Court also reversed the district court’s rejection of the "arbitrary compounding" effect of the career offender enhancement. The Court found that these Guidelines tracked Congress’ instruction to sentence repeat offenders "at or near" the statutory maximum.
Finally, the Court found no merit in the "sentencing manipulation" ground for a lesser sentence, finding it inapt in a case where the conviction was the result of a valid sting operation.
The Court found that none of the above errors were harmless, because the record demonstrated that the court relied on them when imposing sentence.
