United States v. Renee Shrewsberry

Renee Shrewsberry appeals her four-year sentence imposed after a guilty plea to one count of use of a telephone to facilitate a drug transaction in violation of 21 U.S.C. § 843 (b). After her arrest Shrews-berry cooperated with the government, and as part of a plea bargain, the government dismissed two counts of conspiracy to distribute cocaine and possession of cocaine with intent to distribute.

The government did not recommend a downward departure for sentencing because it had already dismissed the other counts. Shrewsberry argues that she is entitled to a downward departure due to (1) her extensive cooperation with the judiciary in breaking open the case; (2) her family obligations; (3) the unusual circumstance that Shrewsberry’s mother was the informant who called the police to arrest her; and (4) the totality of the circumstances. She argues that the district court was incorrect in stating that it had no authority to depart downward in these circumstances.

The district court correctly concluded that it did not have the authority to depart downward based on Shrewsberry’s substantial assistance to the government. Under Guideline Section 5K1.1 there must be a government…