United States v. Myron Keene

Defendant pled guilty to conspiracy to possess and distribute 437 kilograms of cocaine, an offense which carries a ten year mandatory minimum sentence under 21 U.S.C. § 841 (b)(1)(A). Prior to the imposition of sentence, the government moved for a downward departure from the Sentencing Guidelines based upon Mr. Keene’s substantial assistance in the conviction of several codefendants. During the sentencing hearing, the government orally sought to clarify its departure request, stating that the request was made pursuant to Guideline 5K1.1 and not pursuant to 18 U.S.C. § 3553 (e). The defendant was sentenced to three years imprisonment. The district court not only departed below the Guideline range of 188 to 235 months, but also below the statutory minimum of ten years. The government appeals the district court’s downward departure below the statutory minimum sentence in the absence of a government motion specifically invoking 18 U.S.C. § 3553 (e).

STANDARD

A district court’s interpretation of the sentencing guidelines is reviewed de novo. United States v. Lawrence, 916 F.2d 553, 554 (9th Cir.1990).

DISCUSSION

The issue presented in this appeal involves the interpretation and…