Freeman v. United States (09-10245)
argument 09-10245Freeman v. United States
Supreme Court of the United States
57 min
5 speakers
8 chapters
transcribed 6 days ago
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Transcript
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What is the central legal question in Freeman v. United States regarding sentence reductions under § 3582(c)(2)?
We'll hear argument first this morning in case zero nine one oh two four four four four four four five, Freeman versus United States.
Mr Chief Justice, may it please the Court. William Freeman's plea agreement, his pre sentence report, and a sentencing record all show that his term of imprisonment was based on crack cocaine guideline that was retroactively lowered by the United States Sentencing Commission. This case asked the court to decide whether the fact that a sentencing court accepted a plea plea agreement under criminal rule eleven C one C precludes eligibility for a sentence reduction under S section thirty five eighty two C two. We submit that Mr. Freeman is not barred from eligibility for a C two sentence reduction for several reasons. First, under the ordinary definition of based upon and in the context of this particular statute, since the subsequently lowered guideline was used to determine Mr Freeman's term of imprisonment, that term of imprisonment was based on the subsequently lowered guideline.
Second, the categorical ban on eligibility adopted by the Sixth Circuit and advanced by the government frustrates the purpose underlying Section C two and finds no support in the plain language of of the statute, of the rule and in the on the terms of Mr Mr Freeman's plea agreement. Third, a record based analysis that reviews the plea agreement, the pre sentence report and the sentencing record. for to determine the basis of the sentence is the b is best suited to correctly implement section C two and it's that record based analysis supports the conclusion that Mr Freeman's sentence was indeed based on a retroactively lowered guideline.
The the uh sixth circuit mut. We issue an opinion. and we analyse the statute's language, the statute's purpose and the statute's legislative history. Would the opinion, the judgment be based on each of those or or not. In other words, this Everything that goes into the final determination, would you say that determination is based on each of those factors individually?
Yes, I mean certainly it is ba i the the determination certainly would be based on the statute, Your Honor. But as we've we've argued in our brief, we've asked the court to take w what we believe to be a record based analysis and deter look at the look at the record in this case. Look at the terms of the plea agreement.
Look at the I think my question goes in a a different direction. This plea agreement I think could could be said to be based on the sentencing guidelines, but it's also based on the agreement. In other words, the combination of the two of them is what gives you the uh uh the the sentence. Uh so how can you say it's based on only the sentencing guidelines when it may not have been imposed uh in the absence of the plea agreement. Well probably wouldn't have been.
Mr. Chief Justice, we don't believe that th that's mutually exclusive. A sentence can be a guideline a sentence based on the guidelines and it can be a sentence based on a C plea agreement.
But you quote one definition of the noun base in your brief, uh use as a point from which something can develop. But you omit another standard definition of the term, the principal element or ingredient of anything, considered as its fundamental part. Why do you do that?
Well well, Your Honor, I I think the the the the dictionary definition that we have given encompasses both the the definition that Your Honor has just All right. Just describe. The uh
Well there are two very there are two different definitions. One is something that provides a starting point for analysis, the other is the fundamental thing on which something is uh uh it rests.
Well s well w our c our contention is after
you use the latter definition you have to decide which is more fundamental here, the agreement between the parties or the sentencing guidelines, which certainly provided the starting point for the analysis of the sentence by the by the district court.
Just as a leader, that's correct. The guidelines certainly were the starting point, but they are also the principal foundation of this agreement.
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Chapters
8 chapters
1
What is the central legal question in Freeman v. United States regarding sentence reductions under § 3582(c)(2)?
0:01–7:03
2
How does the government argue that a Type C plea agreement bars eligibility for a § 3582(c)(2) reduction?
7:03–14:17
3
What is the defense’s interpretation of “based upon” when the sentencing guideline was retroactively lowered?
14:17–20:17
4
How do the parties use the plea agreement, pre‑sentence report, and sentencing record to support their positions?
20:17–26:23
5
What role do the Sentencing Commission’s policy statements (e.g., § 1B1.10) play in this dispute?
26:23–34:23
6
How do the Justices’ questions about the post‑Booker and post‑Fanfan landscape affect the analysis?
34:23–43:08
7
What hypothetical scenarios illustrate when a sentence is or isn’t considered “based on” the guidelines?
43:08–49:32
8
What conclusion does the government seek from the Court regarding eligibility for a § 3582(c)(2) reduction?
49:32–58:11