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SUPREME COURT OF THE UNITED STATES
_________________
No. 17–5639
_________________
ADAUCTO CHAVEZ-MEZA, PETITIONER v.
UNITED STATES
on writ of certiorari to the united states
court of appeals for the tenth circuit
[June 18, 2018]
Justice Breyer delivered the opinion of the
Court.
This case concerns a criminal drug offender
originally sentenced in accordance with the Federal Sentencing
Guidelines. Subsequently, the Sentencing Commission lowered the
applicable Guidelines sentencing range; the offender asked for a
sentence reduction in light of the lowered range; and the District
Judge reduced his original sentence from 135 months’ imprisonment
to 114 months’. The offender, believing he should have obtained a
yet greater reduction, argues that the District Judge did not
adequately explain why he imposed a sentence of 114 months rather
than a lower sentence. The Court of Appeals held that the judge’s
explanation was adequate. And we agree with the Court of
Appeals.
I
A
The Sentencing Guidelines require a sentencing
judge to consider certain listed characteristics of the offender
and the offense for which he was convicted. Those characteristics
(and certain other factors) bring the judge to a Guidelines table
that sets forth a range of punishments, for example, 135 to 168
months’ imprisonment. A sentencing judge often will choose a
specific penalty from a Guidelines range. But a judge also has the
legal authority to impose a sentence outside the range either
because he or she “departs” from the range (as is permitted by
certain Guidelines rules) or because he or she chooses to “vary”
from the Guidelines by not applying them at all. See United
States v. Booker, 543 U. S. 220, 258–265 (2005)
(holding the Sentencing Guidelines are advisory). The judge,
however, must always take account of certain statutory factors. See
18 U. S. C. §3553(a) (requiring the judge to consider the
“seriousness of the offense” and the need to “afford adequate
deterrence,” among other factors). And, of particular relevance
here, the judge “shall state in open court the reasons for [the]
imposition of the particular sentence.” §3553(c). If the sentence
is outside the Guidelines range (whether because of a “departure”
or a “variance”), the judge must state “the specific reason for the
imposition of a . . . different” sentence. §3553(c)(2).
If the sentence is within the Guidelines range, and the Guidelines
range exceeds 24 months, the judge must also state “the reason for
imposing a sentence at a particular point within the range.”
§3553(c)(1).
B
We here consider one aspect of the judge’s
obligation to provide reasons. In an earlier case, we set forth the
law that governs the explanation requirement at sentencing. In
Rita v. United States, 551 U. S. 338 (2007), the
offender sought a downward departure from the Guidelines. The
record, we said, showed that the sentencing judge “listened to each
argument[,] . . . considered the supporting evidence[,]
. . . was fully aware of defendant’s various physical
ailments[,]” imposed a sentence at the bottom of the Guidelines
range, and, having considered the §3553(a) factors, said simply
that the sentence was “ ‘appropriate.’ ” Id., at
358. We held that where “a matter is as conceptually simple as in
the case at hand and the record makes clear that the sentencing
judge considered the evidence and arguments, we do not believe the
law requires the judge to write more extensively.” Id., at
359.
We also discussed more generally the judge’s
obligation to explain. We wrote that the statute calls
“for the judge to ‘state’ his ‘reasons.’
And that requirement reflects sound judicial practice. Judicial
decisions are reasoned decisions. Confidence in a judge’s use of
reason underlies the public’s trust in the judicial institution. A
public statement of those reasons helps provide the public with the
assurance that creates that trust.” Id., at 356.
But, we continued,
“we cannot read the statute (or our
precedent) as insisting upon a full opinion in every case. The
appropriateness of brevity or length, conciseness or detail, when
to write, what to say, depends upon circumstances. Sometimes a
judicial opinion responds to every argument; sometimes it does not;
sometimes a judge simply writes the word ‘granted’ or ‘denied’ on
the face of a motion while relying upon context and the parties’
prior arguments to make the reasons clear. The law leaves much, in
this respect, to the judge’s own professional judgment.”
Ibid.
At bottom, the sentencing judge need only “set
forth enough to satisfy the appellate court that he has considered
the parties’ arguments and has a reasoned basis for exercising his
own legal decisionmaking authority.” Ibid.
When a judge applies a sentence within the
Guidelines range, he or she often does not need to provide a
lengthy explanation. As we said in Rita, “[c]ircumstances
may well make clear that the judge rests his decision upon the
Commission’s own reasoning that the Guidelines sentence is a proper
sentence (in terms of §3553(a) and other congressional mandates) in
the typical case, and that the judge has found that the case before
him is typical.” Id., at 357.
We have followed this same reasoning in other
sentencing cases, including Gall v. United States,
552 U. S. 38 (2007), which we decided the same year as
Rita. Cf. Kimbrough v. United States, 552
U. S. 85, 109 (2007) (suggesting a district judge’s decision
to vary from the Guidelines range may be entitled to greater
respect when the judge finds a particular case “ ‘outside the
“heartland” ’ ” of the Guidelines). Indeed, the case
before us differs from the Guidelines cases that Rita
describes in only one significant respect. It concerns a limited
form of resentencing.
C
The relevant lower court proceedings are not
complicated. In 2013, petitioner pleaded guilty to a federal crime,
namely, possessing methamphetamine with the intent to distribute
it. The judge reviewed the Guidelines, determined that the
applicable range was 135 to 168 months’ imprisonment and imposed a
sentence at the bottom of that range: 135 months. Pursuant to its
statutory authority, the Sentencing Commission subsequently lowered
the relevant Guidelines range from 135 to 168 months to 108 to 135
months. United States Sentencing Commission, Guidelines Manual App.
C, Amdt. 782 (Supp. Nov. 2012–Nov. 2016) (USSG); see also 28
U. S. C. §994(o). Petitioner then sought and obtained a
sentence modification. See 18 U. S. C. §3582(c)(2); USSG
§1B1.10. He asked the judge to lower his sentence to the bottom of
the new range, namely 108 months. But the judge instead lowered it
to 114 months, not 108 months. The order was entered on a form
issued by the Administrative Office of the United States Courts.
The form certified the judge had “considered” petitioner’s motion
and “tak[en] into account” the §3553(a) factors and the relevant
Guidelines policy statement. App. 106–107 (under seal).
Petitioner appealed, claiming that the judge did
not adequately explain why he rejected petitioner’s 108-month
request. The Court of Appeals rejected his argument. 854 F. 3d
655 (CA10 2017). In its view, “absent any indication the court
failed to consider the §3553(a) factors, a district court
. . . need not explain choosing a particular
guidelines-range sentence.” Id., at 659. Petitioner sought
certiorari, and we granted his petition.
II
A
The Government, pointing out that this is a
sentence-modification case, argues that this fact alone should
secure it a virtually automatic victory. That is because, unlike an
ordinary Guidelines sentencing case, the statute governing
sentence-modification motions does not insist that the judge
provide a “reason for imposing a sentence at a particular point
within the range.” Compare §3553(c)(1) with §3582(c)(2). It adds
that sentence modifications also differ procedurally from
sentencing in that the offender is not entitled to be present in
court at the time the reduced sentence is imposed. See
Dillon v. United States, 560 U. S. 817, 828
(2010) (citing Fed. Rule Crim. Proc. 43(b)(4)). As we have said
before, “Congress intended to authorize only a limited adjustment
to an otherwise final sentence and not a plenary resentencing
proceeding.” Dillon, supra, at 826. These procedural
features, the Government asserts, mean that “the court has no duty”
to provide an “on-the-record explanation” of its reasons. Brief for
United States 12, 19.
We need not go so far. Even assuming (purely for
argument’s sake) district courts have equivalent duties when
initially sentencing a defendant and when later modifying the
sentence, what the District Court did here was sufficient. At the
original sentencing, the judge “must adequately explain the chosen
sentence to allow for meaningful appellate review.” 552 U. S.,
at 50; see also Rita, 551 U. S., at 356 (“The
sentencing judge should set forth enough to satisfy the appellate
court that he has considered the parties’ arguments and has a
reasoned basis for exercising his own legal decisionmaking
authority”). Just how much of an explanation this requires,
however, depends, as we have said, upon the circumstances of the
particular case. Id., at 356–357. In some cases, it may be
sufficient for purposes of appellate review that the judge simply
relied upon the record, while making clear that he or she has
considered the parties’ arguments and taken account of the §3553(a)
factors, among others. But in other cases, more explanation may be
necessary (depending, perhaps, upon the legal arguments raised at
sentencing, see id., at 357). That may be the case even when
there is little evidence in the record affirmatively showing that
the sentencing judge failed to consider the §3553(a) factors. If
the court of appeals considers an explanation inadequate in a
particular case, it can send the case back to the district court
for a more complete explanation. Cf. Molina-Martinez v.
United States, 578 U. S. ___, ___ (2016) (slip op., at
15) (“[A]ppellate courts retain broad discretion in determining
whether a remand for resentencing is necessary”).
B
Petitioner argues that the judge should have
explained more here because there is, or should be, some kind of
presumption that the judge will choose a point within the new lower
Guidelines range that is “proportional” to the point previously
chosen in the older higher Guidelines range. We are not aware of
any law or any convincing reason, however, suggesting that this is
so.
As a technical matter, determining just what
“proportionality” means in this context would often prove difficult
when the sentence is somewhere in the middle of the Guidelines
range. The Sentencing Table calculates punishments according to a
logarithmic scale. Take petitioner’s original and amended
Guidelines ranges, for example. The original range was 135 to 168
months, a difference of 33 months. The amended range, by
comparison, is 108 to 135 months, a difference of 27 months. And
viewed logarithmically, what may seem the middle of a new lower
range is not necessarily proportionate to what may seem the middle
of the old higher range. Nothing in the Guidelines, or elsewhere,
encourages arguments about such matters among lawyers or judges who
are not experts in advanced mathematics.
More importantly, the Guidelines ranges reflect
to some degree what many, perhaps most, judges believed in the
pre-Guidelines era was a proper sentence based upon the criminal
behavior at issue and the characteristics of the offender. Thus, a
judge’s choice among points on a range will often simply reflect
the judge’s belief that the chosen sentence is the “right” sentence
(or as close as possible to the “right” sentence) based on various
factors, including those found in §3553(a). Insofar as that is so,
it is unsurprising that changing the applicable range may lead a
judge to choose a nonproportional point on the new range. We see
nothing that favors the one or the other. So, as is true of most
Guidelines sentences, the judge need not provide a lengthy
explanation if the “context and the record” make clear that the
judge had “a reasoned basis” for reducing the defendant’s sentence.
Rita, supra, at 356, 359.
C
Turning to the facts of this case, we find
that the District Court’s explanation satisfies the standard we
used in Rita and Gall, assuming it applies to
sentence modifications. In Rita, as we earlier said, we
upheld as lawful a sentencing judge’s explanation that stated
simply that the Guidelines sentence imposed was
“ ‘appropriate.’ ” 551 U. S., at 358. We noted that,
in respect to the brevity or length of the reasons the judge gives
for imposing a particular Guidelines sentence, the “law leaves
much” to “the judge’s own professional judgment.” Id., at
356. We pointed out that the sentencing judge in that case had “set
forth enough to satisfy the appellate court that he ha[d]
considered the parties’ arguments and ha[d] a reasoned basis for
exercising his own legal decisionmaking author- ity.” Ibid.
The same is true here.
At petitioner’s original sentencing, he sought a
variance from the Guidelines range (135 to 168 months) on the
ground that his history and family circumstances warranted a lower
sentence. The judge denied his request. In doing so, the judge
noted that he had “consulted the sentencing factors of 18
U. S. C. 3553(a)(1).” He explained that the “reason the
guideline sentence is high in this case, even the low end of 135
months, is because of the [drug] quantity.” He pointed out that
petitioner had “distributed 1.7 kilograms of actual
methamphetamine,” a “significant quantity.” And he said that “one
of the other reasons that the penalty is severe in this case is
because of methamphetamine.” He elaborated this latter point by
stating that he had “been doing this a long time, and from what
[he] gather[ed] and what [he had] seen, methamphetamine, it
destroys individual lives, it destroys families, it can destroy
communities.” App. 25.
This record was before the judge when he
considered petitioner’s request for a sentence modification. He was
the same judge who had sentenced petitioner originally. Petitioner
asked the judge to reduce his sentence to 108 months, the bottom of
the new range, stressing various educational courses he had taken
in prison. The Government pointed to his having also broken a
moderately serious rule while in prison. The judge certified (on a
form) that he had “considered” petitioner’s “motion” and had
“tak[en] into account” the relevant Guidelines policy statements
and the §3553(a) factors. Id., at 106–107 (under seal). He
then reduced the sentence to 114 months. The record as a whole
strongly suggests that the judge originally believed that, given
petitioner’s conduct, 135 months was an appropriately high
sentence. So it is unsurprising that the judge considered a
sentence somewhat higher than the bottom of the reduced range to be
appropriate. As in Rita, there was not much else for the
judge to say.
The dissent would have us ignore the record from
the initial sentencing and consider only what the judge said when
modifying petitioner’s sentence. See post, at 4-5 (opinion
of Kennedy, J.). But, as we have made clear before, a sentence
modification is “not a plenary resentencing proceeding.”
Dillon, 560 U. S., at 826. We therefore need not turn a
blind eye to what the judge said at petitioner’s initial
sentencing. The dissent suggests the judge’s failure to grant
petitioner a proportional reduction “limits the relevance of the
initial sentencing proceeding.” Post, at 5. To the contrary,
the record of the initial sentencing sheds light on why the court
picked a point slightly above the bottom of the reduced Guidelines
range when it modified petitioner’s sentence. Our decision is not
(as the dissent claims) based on mere “speculation.” Post,
at 7. Rather, we simply find the record as a whole satisfies us
that the judge “considered the parties’ arguments and ha[d] a
reasoned basis for exercising his own legal decisionmaking
authority.” Rita, supra, at 356.
This is not to say that a disproportionate
sentence reduction never may require a more detailed
explanation. It could be that, under different facts and a
different record, the district court’s use of a barebones form
order in response to a motion like petitioner’s would be
inadequate. As we said above, the courts of appeals are well suited
to request a more detailed explanation when necessary. See
supra, at 6. The dissent asserts that appellate courts would
not need to remand for further explanation if district courts
provided an additional “short statement or check[ed] additional
boxes” on the form order. Post, at 8. That may be so, and
nothing in this decision prevents judges from saying more when, in
their professional judgment, saying more is appropriate. Providing
a more detailed statement of reasons often serves “a salutary
purpose” separate and apart from facilitating appellate review.
Rita, 551 U. S., at 357. But our task here is to decide
the case before us. And given the simplicity of this case,
the judge’s awareness of the arguments, his consideration of the
relevant sentencing factors, and the intuitive reason why he picked
a sentence above the very bottom of the new range, the judge’s
explanation (minimal as it was) fell within the scope of the lawful
professional judgment that the law confers upon the sentencing
judge. See Id. at 356.
The Court of Appeals concluded the same. Its
judgment is therefore affirmed.
It is so ordered.
Justice Gorsuch took no part in the
consideration or decision of this case.
SUPREME COURT OF THE UNITED STATES
_________________
No. 17–5639
_________________
ADAUCTO CHAVEZ-MEZA, PETITIONER v.
UNITED STATES
on writ of certiorari to the united states
court of appeals for the tenth circuit
[June 18, 2018]
Justice Kennedy, with whom Justice Sotomayor
and Justice Kagan join, dissenting.
When the District Court reduced petitioner
Adaucto Chavez-Meza’s sentence, it entered its order on a terse
“AO–247” form. An example of this form is attached as an Appendix,
infra. On the form order, the District Court checked a box
next to preprinted language stating that it had “considered”
Chavez-Meza’s motion for a reduced sentence and that it had
“tak[en] into account the policy statement set forth at USSG
§1B1.10 and the sentencing factors set forth in 18
U. S. C. §3553(a), to the extent that they are
applicable.” App. 106–107 (under seal). The District Court checked
another box indicating that Chavez-Meza’s motion was granted, and
the court stated that it was reducing his sentence to 114 months.
Ibid. But the District Court did not explain why it chose
that particular sentence or why it had not sentenced Chavez-Meza to
the bottom of his Guidelines range, as it had done at his original
sentencing. Under these circumstances, in my view the District
Court’s order was insufficient to allow for meaningful appellate
review, a conclusion that requires this respectful dissent.
My disagreement with the majority is based on a
serious problem—the difficulty for prisoners and appellate courts
in ascertaining a district court’s reasons for imposing a sentence
when the court fails to state those reasons on the record; yet, in
the end, my disagreement turns on a small difference, for a remedy
is simple and easily attained.
Just a slight expansion of the AO–247 form would
answer the concerns expressed in this dissent in most cases, and
likely in the instant one. If the form were expanded to include
just a few more categories covering the factors most often bearing
on a trial court’s sentencing determination, the objections
petitioner raises likely would be met. The statute would be
satisfied; district judges would have a helpful form that might
well reduce the time for consideration of cases—and even if not
would help ensure the full consideration which tends to result in
uniformity and fairness; the Courts of Appeals, from the outset,
would have far more assistance in determining whether appeals have
merit; and this in turn would yield judicial efficiencies that the
sentencing system must have to be effective and that Courts of
Appeals must have to ensure that the relevant statute can be
administered and applied in an efficient, fair, and uniform way.
The Court today, how- ever, gives its full approval to a conclusory
order. Its resulting holding is detrimental to the judicial system
and to prisoners alike.
The Sentencing Reform Act of 1984 authorizes a
district court to reduce a prisoner’s sentence when he “has been
sentenced to a term of imprisonment based on a sentencing range
that has subsequently been lowered by the Sentencing Commission.”
18 U. S. C. §3582(c)(2). Congress specified that district
courts may reduce a defendant’s sentence only “after considering
the factors set forth in section 3553(a) to the extent that they
are applicable, if such a reduction is consistent with applicable
policy statements issued by the Sentencing Commission.”
Ibid.
In United States v. Taylor, 487
U. S. 326, 336 (1988), this Court addressed a statutory scheme
that, like §3582(c)(2), required district courts to consider
specific statutory factors when they exercised their discretion.
The Court held that “[w]here, as here, Congress has declared that a
decision will be governed by consideration of particular factors, a
district court must carefully consider those factors as applied to
the particular case and, whatever its decision, clearly articulate
their effect in order to permit meaningful appellate review.”
Id., at 336–337.
Here, the form order fails to provide sufficient
information either to give adequate and efficient instruction to
the trial court or to permit meaningful appellate review. The form
order discloses no basis for determining why the District Court did
not sentence Chavez-Meza to the bottom of his new Guidelines range,
as it had when it imposed his original sentence.
The Court points out that there is no
presumption in favor of a proportional reduction when a judge
reduces a prisoner’s sentence pursuant to §3582(c)(2). Ante,
at 6–7. That is true, as far as it goes. The issue here, however,
is not whether district courts must grant proportional reductions;
rather, the issue is what explanation should be required to permit
meaningful review of a trial court’s resentencing order.
The amount of necessary explanation might be
different when a district court grants a proportional reduction—for
example, when it sentences a defendant to the top or the bottom of
his Guidelines range for both the initial and reduced sentence. In
that circumstance, in most in- stances, an appellate court properly
can infer that the district court’s reasons were the same as those
it gave when it imposed the initial sentence. See Brief for
National Association of Criminal Defense Lawyers et al. as
Amici Curiae 6–11 (explaining that district courts typically
grant proportional reductions and that the Sentencing Commission
often assumes they will do so). Less explanation is necessary, not
because proportional reductions are favored as a legal matter but
because the initial sentencing proceeding provides a record from
which an appellate court can make prompt and reliable inferences as
to the reasons that informed the trial court’s decision to
resentence a defendant to the same relative point on his amended
Guidelines range. Contrary to the Court’s suggestion, furthermore,
one need not have an advanced degree in mathematics, much less a
calculator, to draw this reasonable inference. District courts, as
a matter of routine, regularly grant proportional reductions; and
it seems unlikely that they conduct intricate logarithmic
computations before doing so.
In contrast to a proportional reduction in a
prisoner’s sentence, a nonproportional reduction suggests that the
district court’s reasons for choosing a particular sentence might
be different from those it gave when it imposed the sentence in the
first instance. Accordingly, a more specific explanation—but by no
means an elaborate one—is necessary for an appellate court to
determine why the district court chose a new point on the revised
Guidelines range.
The Court’s analogy to Rita v. United
States, 551 U. S. 338, 356 (2007), fails as well. See
ante, at 7–9. In Rita, the District Court imposed the
defendant’s sentence at a hearing. The record made clear that “the
sentencing judge listened to each argument,” “considered the
supporting evidence,” and then determined that a 33-month sentence
was “appropriate.” 551 U. S., at 357–358. But here there was
no hearing when the District Court reduced Chavez-Meza’s sentence
in light of the amended Guidelines. The District Court’s reasoning
must be surmised from its terse, largely uninformative order. At
Chavez-Meza’s initial sentencing there was a hearing similar to the
one in Rita. But the fact that the District Court did not
grant Chavez-Meza a proportional reduction when it later
reconsidered his sentence limits the relevance of the initial
sentencing proceeding.
The District Court may well have had a
legitimate reason for reducing Chavez-Meza’s sentence to 114 months
instead of 108 months. And even a brief explanation stating that
reason likely would have sufficed, for district courts need not
write at length each time they rule upon a §3582(c)(2) motion.
The Court is quite correct to point out that a
trial judge “need only ‘set forth enough to satisfy the appellate
court that he has considered the parties’ arguments and has a
reasoned basis for exercising his own legal decisionmaking
authority.’ ” Ante, at 3 (quoting Rita,
supra, at 356). It is likely that even a checkbox form would
suffice in most cases, provided the form lists enough of the common
reasons so that an appellate court, in most cases, can easily
ascertain why the district court chose a particular sentence. Here,
for example, the District Court simply could have added a sentence
or two to the AO–247 form’s “Additional Comments” box. Or, perhaps
preferably, trial courts could use an expanded version of the
AO–247 form that allows judges to indicate, even by checking a box,
the reason or reasons for choosing a particular sentence.
In this case, however, the District Court’s
reasons remain a mystery. The Court today speculates that the
District Court sentenced Chavez-Meza to 114 months because he
distributed a large quantity of methamphetamine. Ante, at 8.
For its part, the Court of Appeals speculated that the reason might
have been “an incident of misconduct while in prison.” See 854
F. 3d 655, 660 (CA10 2017). But there is no basis for these
assumptions in the District Court’s order. The sort of guesswork
the Court relies upon in today’s decision is insufficient to
provide meaningful appellate review of a district court’s exercise
of its discretion under §3582(c)(2). See Taylor, 487
U. S., at 342–343.
According to the Court of Appeals, the relevant
provisions of the Sentencing Reform Act must be read to allow a
trial court not to give or state any reasons at all for a
resentencing order. 854 F. 3d, at 658. This was error. The
Court of Appeals reached its conclusion by comparing the provisions
that relate to original sentencing—§3553(c)—with the provisions
that pertain to the resentencing process—§3582(c)(2). It reasoned
that, because the former has an express requirement to state
reasons while the latter does not, the statutory structure
eliminates any requirement for reasons upon resentencing. The Court
of Appeals’ analysis, however, ignores the scope of the statutory
text in §3553(c). That section pertains to a procedure that is a
full-scale adversary proceeding, where the defendant and counsel
are present. As part of that procedure, the statute states: “The
court, at the time of sentencing, shall state in open court the
reasons for its imposition of the particular sentence.”
§3553(c).
The statute does not require a full-scale
adversary proceeding when resentencing is being considered after a
Guidelines reduction. But it is incorrect to conclude that the
absence of all those requirements forecloses the necessity to make
a record that allows an appellate court to exercise meaningful
review of the reasons for the resentencing order. This conclusion
follows from this Court’s decision in Taylor, holding that
courts must “clearly articulate” their reasoning “in order to
permit meaningful appellate review,” even without any specific
statutory command. 487 U. S., at 336–337. So the fact that
Congress adopted a detailed explanatory requirement in another part
of the statute does not displace Taylor’s background rule
that district courts must provide enough reasoning for appellate
courts to review their decisions when they exercise discretion
under a statute like §3582(c)(2).
The Court quite correctly rejects the
Government’s invitation to adopt the Court of Appeals’
interpretation. See ante, at 5–6. The Court’s ensuing
analysis, however, is, in my respectful view, still incorrect. On
the one hand, the Court holds that appellate courts may determine
on a case-by-case basis whether a form order like the one here
provides enough explanation. See ante, at 6, 9–10. Thus, any
prisoner can appeal and argue that the order was insufficient in
his case. On the other hand, the Court does not impose any serious
requirement that a district court state its reasons on the front
end—that is, before the appeal, when the district court rules on
the §3582(c)(2) motion. Thus, in cases like this one, appeals will
often be based on speculation that requires the prisoner, the
Government, and the Court of Appeals to hypothesize the potential
reasons for the prisoner’s sentence when a reduction is weighed and
considered.
This is an unwise allocation of judicial
resources. District courts, to state the obvious, are best
positioned to explain their reasons for imposing a particular
sentence. Under the majority’s opinion, however, appellate courts
will often lack clarity as to a district court’s reasoning and will
be forced to either speculate (as the Court does today) based on
their own view of the record, or remand the case for further
explanation, likely followed by another appeal. What could have
taken a sentence or two at the front end now can, and likely will,
produce dozens of pages of briefs, bench memoranda, orders, and
judicial opinions as the case makes its way first to the appellate
court, then back down to the trial court and perhaps back to the
appellate court again.
A better, more efficient rule would require
trial courts in cases like this one to provide their reasons in
their initial decisions either by giving a short statement or
checking additional boxes. We must be conscious of the fact that
retroactive amendments to the Guidelines can result in thousands of
resentencings. That is all the more reason the inefficiencies
resulting from today’s decision ought to be avoided. And given the
uncertainty that will ensue from today’s decision, district courts
would be wise to say more than the court said in this case, even in
the absence of a holding requiring it to do so on the specific
facts at issue here.
For these reasons, I respectfully dissent.
APPENDIX