United States v. Arlanders Gibson

MEMORANDUM

Arlanders Gibson appeals a district court order that reduced his sentence for Conspiracy to Engage in a Racketeer Influenced Corrupt Organization (the “RICO violation”) from 198 months’ imprisonment to 158 months’ imprisonment.

Gibson pleaded guilty to the RICO violation in 2006. Gibson’s plea agreement stipulated that, for the purposes of sentencing, Gibson’s conduct involved 462 grams of crack cocaine, yielding a base offense level of 35 under the U.S. Sentencing Guidelines then in force. The district court granted Gibson two levels of downward adjustment, to 33, and sentenced him to 198 months’ imprisonment.

The following year, Guidelines Amendment 706 (“706”) adjusted the base offense level for crack cocaine offenses downward by two levels for each threshold amount of cocaine, and provided for sentence reductions based on the new offense levels. Pursuant to 18 U.S.C. § 3582 (c), after the promulgation of 706, Gibson and the government submitted a Joint Stipulation for Discretionary Relief (the “Joint Stipulation”). The Joint Stipulation incorrectly stated that Gibson’s previous total offense level was 35, though after the reductions granted by the district court…