United States v. Figueroa-Labrada

• Decision Date: 24 March 2015
• Docket Number: No. 13–6278.,13–6278.
• Citation: 780 F.3d 1294
• Parties: UNITED STATES of America, Plaintiff–Appellee, v. Jesus FIGUEROA–LABRADA, a/k/a Chuy, Defendant–Appellant.
• Court: U.S. Court of Appeals — Tenth Circuit

780 F.3d 1294

UNITED STATES of America, Plaintiff–Appellee

v.Jesus FIGUEROA–LABRADA, a/k/a Chuy, Defendant–Appellant.

No. 13–6278.

United States Court of Appeals, Tenth Circuit.

March 24, 2015.

Virginia L. Grady, Federal Public Defender, Interim, and O. Dean Sanderford, Assistant Federal Public Defender, Denver, CO, for Defendant–Appellant Jesus Figueroa–Labrada, a/k/a Chuy.

Sanford C. Coats, United States Attorney, Steven W. Creager, Special Assistant U.S. Attorney, and David P. Petermann, Assistant U.S. Attorney, Oklahoma City, OK, for Plaintiff–Appellee United States of America.

Before MATHESON, PHILLIPS, and MORITZ, Circuit Judges.

Opinion

MORITZ, Circuit Judge.

Jesus Figueroa–Labrada (“Figueroa”) appeals from the district court's denial of his request for a reduced sentence under the “safety-valve” provision of 18 U.S.C. § 3553(f). The district court held § 3553(f) did not apply because Figueroa failed to make the disclosures necessary to support a reduced sentence before his initial sentencing hearing.

Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we reject the district court's interpretation of § 3553(f). We conclude that when a defendant provides information to the government for the first time on remand, but before the resentencing hearing, the plain text of § 3553(f) requires the district court to consider that information in determining whether the defendant has satisfied § 3553(f). Because the district court here failed to do so, we reverse and remand for the district court to determine Figueroa's eligibility for a safety-valve sentence.

Background

After a jury convicted Figueroa of conspiring to possess methamphetamine with intent to distribute, the district court attributed to Figueroa 746.19 grams of a mixture or substance containing a detectable amount of methamphetamine—the total amount of methamphetamine involved in the conspiracy—and sentenced him to 120 months' imprisonment. On direct appeal, a panel of this court reversed his sentence and remanded for resentencing based on the district court's failure to make particularized findings to support attributing the total quantity to Figueroa. In doing so, the panel noted that it was “reasonably probable” that only 56.7 grams of the methamphetamine mixture could be attributed to Figueroa based on his participation in the conspiracy. See United States v. Figueroa–Labrada, 720 F.3d 1258, 1261–63, 1268 (10th Cir.2013) (“Figueroa I ”).

On remand, the government presented no additional evidence regarding drug quantity, and the district court therefore attributed to Figueroa 56.7 grams of methamphetamine mixture. That amount carried a five-year mandatory minimum sentence under 21 U.S.C. § 841(b)(1)(B)(viii), and the district court determined Figueroa's sentencing range was 63 to 78 months. But before his resentencing hearing, Figueroa sought a lower sentencing range, arguing he qualified for a reduced sentence under the “safety-valve” provision of § 3553(f). That provision allows a defendant to receive a sentence lower than an applicable mandatory minimum sentence if, inter alia —“not later than the time of the sentencing hearing”—he truthfully provides the government all the information he possesses regarding his offenses. Had the district court granted Figueroa's request, Figueroa would have avoided the five-year mandatory minimum and qualified for a two-level reduction in his base offense level, thereby lowering his advisory Guidelines range to 51 to 63 months. See U.S.S.G. § 2D1.1(b)(16).

Although Figueroa did not attempt to cooperate with the government prior to his initial sentencing hearing, he provided enough truthful information before his resentencing hearing to gain the government's support of his safety-valve request. Specifically, before Figueroa's resentencing hearing, the prosecutor filed an “advisement to the court” indicating that Figueroa had met all five § 3553(f) requirements and specifically affirming that Figueroa had provided the government all information and evidence he possessed concerning the offenses. Further, at Figueroa's resentencing hearing, the prosecutor characterized Figueroa's disclosures as “truthful,” reiterated Figueroa had met all five safety-valve requirements, and agreed Figueroa's safety-valve request was timely, stating “the case law seems to suggest safety valve can be considered for re-sentencing.” Resent. Hr'g Tr., Doc. 412, at 8, 13.

Despite the government's support of Figueroa's safety-valve request, the district court denied the request because Figueroa failed to provide the required disclosures prior to his initial sentencing hearing. The court then imposed a 63–month sentence.

Figueroa timely appeals the denial of his safety-valve request.

Discussion

The sole issue in this appeal is whether § 3553(f)'s safety-valve is available to Figueroa, who did not cooperate or seek safety-valve relief prior to his initial sentencing hearing, but instead sought to satisfy the safety-valve requirements for the first time on remand before his resentencing. As a matter of first impression, based on the plain text of § 3553(f), we conclude that when a defendant provides information to the government for the first time on remand, before the resentencing hearing, a district court must consider that information in determining the defendant's eligibility for a safety-valve sentence.

I. The plain language of 18 U.S.C. § 3553(f) requires a district court to consider information a defendant provides to the government for the first time before the resentencing hearing.

A defendant must satisfy five requirements to be eligible for a reduced sentence under § 3553(f)'s safety-valve provision. Only the fifth requirement, 18 U.S.C. § 3553(f)(5), is at issue here. That subsection mandates imposition of a Guidelines sentence “without regard to any statutory minimum sentence, if the court finds at sentencing, after the Government has been afforded the opportunity to make a recommendation, that—”

not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.

18 U.S.C. § 3553(f)(5) (emphasis added).

Stated another way, this section requires the district court to grant safety- valve relief if it finds (1) at sentencing, (2) after the government has been afforded the opportunity to make a recommendation, (3) that not later than the time of the sentencing hearing the defendant truthfully provided the government all information and evidence the defendant had concerning the offense.

In finding § 3553(f) did not apply to Figueroa's safety-valve disclosures, the district court emphasized the statute's requirement that the defendant provide information “not later than the time of the sentencing hearing”—a phrase the district court interpreted to exclude disclosures made before a re sentencing hearing. Figueroa contends (as did the government below) that the use of the phrase “sentencing hearing” includes resentencing hearings.

We review de novo a district court's “legal interpretation guiding its application of the safety-valve provision.” United States v. Cervantes, 519 F.3d 1254, 1256 (10th Cir.2008). The starting point for our review is the safety-valve provision itself. If that provision is clear and unambiguous, our inquiry ends and we give effect to the statute's plain language. United States v. Sprenger, 625 F.3d 1305, 1307 (10th Cir.2010). In ascertaining the statute's plain meaning, the “[p]roper interpretation of a word ‘depends upon reading the whole statutory text, considering the purpose and context of the statute, and consulting any precedent or authorities that inform the analysis.’ ” United States v. Ko, 739 F.3d 558, 560 (10th Cir.2014) (quoting Dolan v. U.S. Postal Serv., 546 U.S. 481, 486, 126 S.Ct. 1252, 163 L.Ed.2d 1079 (2006) ).

The disputed phrase here requires a defendant to make necessary disclosures “not later than the time of the sentencing hearing.” This phrase clearly and unambiguously refers to “the sentencing hearing” at issue, whether it's an initial, second, or subsequent sentencing hearing. The government agrees that throughout § 3553, “sentencing” refers to whichever sentencing is at issue, including any resentencing. And it provides no good reason for interpreting that word any differently in § 3553(f)(5).

Nothing in the text of § 3553(f)(5) suggests that—unlike any other reference to “sentencing” in the same statute—the phrase, “not later than the time of the sentencing hearing,” should be read to include an extra word—“not later than the time of the initial sentencing hearing.” As Figueroa argues, “the ordinary understanding” of the phrase “sentencing hearing” includes resentencing hearings as well as initial sentencing hearings. Moreover, the government's argument ignores the statutory context of that phrase. See United States v. Villa, 589 F.3d 1334, 1343 (10th Cir.2009) (explaining that statutory text, plain or not, derives meaning from context).

The introductory phrase to § 3553(f) requires the district court to impose a Guidelines sentence “without regard to any statutory minimum sentence, if the court finds at sentencing ” that the defendant has satisfied all five safety-valve conditions. Thus, by focusing solely on the phrase “not later than the time of the sentencing hearing” in § 3553(f)(5), the government and our dissenting colleague conveniently ignore the appearance—within the same sentence —of the phrase “at sentencing.” And in context, the phrase, “the sentencing hearing,” clearly refers back to the generic “at sentencing” in the opening...