United States v. Doublin, 572 F.3d 235 (5th Cir. 2009). · Go Syfert
United States v. Doublin, 572 F.3d 235 (5th Cir. 2009). Cases Citing This Book View Copy Cite
“here are clear and significant differences between original sentencing proceedings and sentencing modification proceedings”
476 citation events (475 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Robichaux (ca5, 2010-03-09)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Robichaux (2×) also: Cited as authority (rule)
5th Cir. · 2010 · signal: see also · quote attribution · 1 verbatim quote · confidence high
here are clear and significant differences between original sentencing proceedings and sentencing modification proceedings
cited Cited as authority (rule) United States v. Jones
5th Cir. · 2025 · confidence medium
United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009).
discussed Cited as authority (rule) United States v. Jones
5th Cir. · 2025 · confidence medium
At the time of Jones’ sentencing, however, whether his actions qualified as a continuing criminal enterprise would have had no reason to be on the sentencing Judge’s radar. 9 Case: 24-30236 Document: 80-1 Page: 10 Date Filed: 04/29/2025 No. 24-30236 Here, Jones moved under 18 U.S.C. § 3582 (c)(2) for a discretionary sentence reduction. 27 Under Dillon v. United States, a district court two- stepping under this statute “does not impose a new sentence in the usual sense.” 28 The district court must first follow the Sentencing Commission’s instruction in USSG § 1B1.10 to determine the…
cited Cited as authority (rule) United States v. Scott
5th Cir. · 2025 · confidence medium
United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Connell
5th Cir. · 2024 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Rivera-Paredes
5th Cir. · 2024 · confidence medium
U.S.S.G. § 1B1.10(a)(3), p.s.; United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009).
discussed Cited as authority (rule) United States v. Jimmy Dixon
5th Cir. · 2020 · confidence medium
STANDARD OF REVIEW A “district court’s decision whether to reduce a sentence is reviewed for abuse of discretion,” but “its ‘interpretation or application of the Guidelines is reviewed de novo.’” United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009) (quoting United States v. Conner, 537 F.3d 480, 489 (5th Cir. 2008)).
cited Cited as authority (rule) United States v. Azizi Ansari
5th Cir. · 2020 · confidence medium
See § 1B1.10(a)(1); United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
discussed Cited as authority (rule) United States v. Hilario Solis
5th Cir. · 2019 · confidence medium
Because Amendment 782 did “not have the effect of lowering [Solis’s] applicable guideline range,” U.S.S.G. § 1B1.10(a)(2)(B), the district court did not abuse its discretion by denying the § 3582(c)(2) motion, see United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
discussed Cited as authority (rule) United States v. Alfredo Rivera
5th Cir. · 2019 · confidence medium
Sentence “reductions under 18 U.S.C. § 3582 (c)(2) are not mandatory.” United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009); see also United States v. Evans, 587 F.3d 667, 673 (5th Cir. 2009) (explaining that the district court “was under no obligation to reduce Evans’s sentence at all”).
cited Cited as authority (rule) United States v. Guadalupe Macedo
5th Cir. · 2018 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
discussed Cited as authority (rule) United States v. Ricardo Tirado (2×) also: Cited "see"
5th Cir. · 2018 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Juan Medrano
5th Cir. · 2018 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Christopher King
5th Cir. · 2018 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009) (quoting § 3582(c)(2)).
discussed Cited as authority (rule) United States v. Luis Sensat
5th Cir. · 2018 · confidence medium
Although Amendment 782 amended the drug quantity table in U.S.S.G. § 2D1.1(c), effectively lowering most drug-related base offense levels by two levels, the district court correctly determined that Sensat was not eligible for a reduction under § 3582(c)(2) because Amendment 782 did not have the effect of lowering his guideline range. § 3582(c)(2); see Dillon v. United States, 560 U.S. 817, 827 (2010); United States v. Doublin, 572 F.3d 235, 237 (2009); U.S.S.G. § 1B1.10(a)(2)(B); see also § 1B1.10, cmt. n.1(A).
discussed Cited as authority (rule) United States v. Aldo Saenz (2×) also: Cited "see"
5th Cir. · 2018 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Christopher Gamez
5th Cir. · 2018 · confidence medium
United States v. Doublin, 572 F.3d 235, 236-37 (5th Cir. 2009).
discussed Cited as authority (rule) United States v. Angel Hernandez (2×) also: Cited "see"
5th Cir. · 2018 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
discussed Cited as authority (rule) United States v. Alfred Stokes
5th Cir. · 2018 · confidence medium
The court’s decision to reduce a sentence under 18 U.S.C. § 3582 (c)(2) is reviewed for abuse of discretion, e.g., United States v. Townsend, 55 F.3d 168, 170 (5th Cir. 1995); but defendant’s eligibility for a sentence reduction, the issue at hand, is reviewed de novo, United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
cited Cited as authority (rule) United States v. James Eason, Jr.
5th Cir. · 2018 · confidence medium
See § 3582(c); § 1B1.10(a)(2) & cmt. (n.1(A)); United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Vincent West
5th Cir. · 2017 · confidence medium
United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009).
discussed Cited as authority (rule) United States v. Jesus Barron-Ortiz
5th Cir. · 2017 · confidence medium
Section 3582(c)(2) permits the discretionary modification of a sentence when, as here, defendant is sentenced to a prison term based upon a sentencing range that thereafter is lowered by the Sentencing Commission. “[Reductions under [§ 3582(c)(2) are not mandatory; this section merely gives the district court discretion to reduce a sentence under limited circumstances.” United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Felipe Barrientos
5th Cir. · 2017 · confidence medium
Dillon v. United States, 560 U.S. 817, 825-26 , 130 S.Ct. 2683 , 177 L.Ed.2d 271 (2010); United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Michael Hawley
5th Cir. · 2017 · confidence medium
See U.S.S.G. § 1B1.10(b)(2)(A), p.s.; United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Jason Leatch
5th Cir. · 2017 · confidence medium
Dillon v. United States, 560 U.S. 817, 826 , 130 S.Ct. 2683 , 177 L.Ed.2d 271 (2010); United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Melisa Zuniga
5th Cir. · 2017 · confidence medium
See Jones, 596 F.3d at 276 ; United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Jhonny Pena
5th Cir. · 2017 · confidence medium
Dillon, 560 U.S. at 825-26 , 130 S.Ct. 2683 ; United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Felipe Ramirez-Arellano
5th Cir. · 2017 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
cited Cited as authority (rule) United States v. David Perez
5th Cir. · 2017 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Luis Velez
5th Cir. · 2017 · confidence medium
United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Jason Bassa
5th Cir. · 2017 · confidence medium
United States v. Doublin, 572 F.3d 235, 236-37 (5th Cir. 2009); see § 3582(c)(2); U.S.S.G. § lB1.10(a)(2).
cited Cited as authority (rule) United States v. Jon Quinones
5th Cir. · 2017 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Reneau
5th Cir. · 2017 · confidence medium
See Evans, 587 F.3d at 673 ; United States v. Doublin, 572 F.3d 235, 238 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Pedro Lopez-Maya
5th Cir. · 2017 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Douglas Jackson
5th Cir. · 2016 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
cited Cited as authority (rule) United States v. Anthony Benjamin
5th Cir. · 2016 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009) (quoting § 3582(c)(2)).
cited Cited as authority (rule) United States v. Larry Nunez
5th Cir. · 2016 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir. 2009).
discussed Cited as authority (rule) United States v. David Perez
5th Cir. · 2016 · confidence medium
Section 3582(c)(2) permits a district court to reduce a sentence that was “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” United States v. Doublin, 572 F.3d 235, 237 (5th Cir.2009).
cited Cited as authority (rule) United States v. Tommy Alexander, Sr.
5th Cir. · 2016 · confidence medium
See Dillon, 560 U.S. at 826-27 , 130 S.Ct. 2683 ; United States v. Doublin, 572 F.3d 235, 238 (5th Cir.2009).
cited Cited as authority (rule) United States v. Kenneth Jones
5th Cir. · 2016 · confidence medium
United States v. Doublin, 572 F.3d 235, 238 (5th Cir.2009).
cited Cited as authority (rule) United States v. Felipe Esparza-Cruz
5th Cir. · 2016 · confidence medium
United States v. Doublin, 572 F.3d 235, 238 (5th Cir.2009).
cited Cited as authority (rule) United States v. Kenneth Jones
5th Cir. · 2016 · confidence medium
United States v. Doublin, 572 F.3d 235, 238 (5th Cir.2009).
discussed Cited as authority (rule) United States v. Antoine Powell
5th Cir. · 2015 · confidence medium
Section 3582(c)(2) permits a district court to reduce a sentence that was “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” United States v. Doublin, 572 F.3d 235, 237 (5th Cir.2009).
cited Cited as authority (rule) United States v. Derrick Briscoe
5th Cir. · 2015 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir.2009).
cited Cited as authority (rule) United States v. Fernando Sanchez Cortes
5th Cir. · 2014 · confidence medium
United States v. Doublin, 572 F.3d 235, 238 (5th Cir.2009).
cited Cited as authority (rule) United States v. Hiking Dupre
5th Cir. · 2014 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir.2009) (citations omitted).
cited Cited as authority (rule) United States v. Edwin Dunson
5th Cir. · 2013 · confidence medium
United States v. Doublin, 572 F.3d 235, 238 (5th Cir.2009).
cited Cited as authority (rule) United States v. Michael Derrow
5th Cir. · 2013 · confidence medium
United States v. Doublin, 572 F.3d 235, 237 (5th Cir.2009).
discussed Cited as authority (rule) United States v. Andrew Kelly
5th Cir. · 2013 · confidence medium
Pursuant to § 3582(c)(2), a defendant’s sentence may be modified if he was sentenced to “ ‘a term of imprisonment based on a sentencing range that subsequently was lowered by the Sentencing Commission.’ ” United States v. Doublin, 572 F.3d 235, 237 (5th Cir.2009) (quoting § 3582(c)(2)).
cited Cited as authority (rule) United States v. Keith Smith
5th Cir. · 2013 · confidence medium
See § 3582(c)(2); United States v. Doublin, 572 F.3d 235, 237-38 (5th Cir.2009); U.S.S.G. § 1B1.10, p.s.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Larry W. DOUBLIN, Defendant-Appellant
08-30775.
Court of Appeals for the Fifth Circuit.
Jun 23, 2009.
572 F.3d 235
Cristina Walker, Asst. U.S. Atty. (argued), Shreveport, LA, for U.S., Rebecca L. Hudsmith, Fed. Pub. Def. (argued), Lafayette, LA, for Doublin.
Barksdale, Dennis, Elrod.
Cited by 363 opinions  |  Published
PER CURIAM:

Larry W. Doublin challenges the district court’s ruling that, in a sentence-reduction proceeding under 18 U.S.C. § 3582(c)(2) (authorizing limited discretionary sentence reductions), the sentence cannot be reduced below the minimum advisory sentence in the Sentencing Guidelines. AFFIRMED.

I.

In 1996, Doublin was both convicted of, inter alia, distribution of crack cocaine and sentenced to 292 months’ imprisonment— the minimum sentence possible under the then-mandatory guidelines. Subsequently, United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), held the guidelines advisory only. On the other hand, Booker was not held to be retroactive.

In 2007, the United States Sentencing Commission amended the guidelines. Generally, it reduced the base offense levels for crack cocaine offenses by two, in order to reduce the sentencing disparity between crack and powder cocaine offenses; and it made these guidelines apply retroactively.

As a result, the district court, sua sponte, reviewed prisoners whose sentences might be eligible for a reduction as a result of these amendments and determined Doublin to be among their number. Pursuant to the amended guidelines, Doublin had a guideline sentencing range of 235 to 293 months of imprisonment. The district court appointed the federal public defender to represent Doublin, notified the parties it intended to resentence him to the minimum sentence under the amended guidelines, and instructed them to file any objections within 60 days.

In response, Doublin urged the district court to impose a sentence below the new guideline minimum. Along that line, relying upon United States v. Hicks, 472 F.3d 1167, 1169 (9th Cir.2007), Doublin contended Booker applied to resentencings under 18 U.S.C. § 3582(c)(2), rendering advisory the not-below-the-new-guideline-minimum[*237] limitations imposed by Guideline § 1B1.10. Therefore, the district court could, Doublin urged, consider non-guidelines factors and impose a sentence below the guideline minimum.

The Government opposed that position, noting: 18 U.S.C. § 3582 requires reductions to be “consistent with ... applicable policy statements issued by the Sentencing Commission”; and the applicable policy statement, Guideline § 1B1.10(b)(2)(A), prohibits reductions “to a term that is less than the minimum of the amended guideline range”. Accordingly, the Government urged, 18 U.S.C. § 3582 and Guideline § lB1.10(b)(2)(A) together bar a district court from reducing a sentence below the guideline minimum.

The district court agreed with the Government, rejected Doublin’s Booker contention, and sentenced him to the minimum sentence permitted by the amended guidelines. The amended judgment to that effect was entered on 24 July 2008.

II.

Although the district court’s decision whether to reduce a sentence is reviewed for abuse of discretion, e.g., United States v. Townsend, 55 F.3d 168, 170 (5th Cir.1995), its “interpretation or application of the Guidelines [is reviewed] de novo”. United States v. Conner, 537 F.3d 480, 489 (5th Cir.2008). Accordingly, we review de novo the district court’s conclusion that it could not reduce Doublin’s sentence below the guideline minimum.

District courts are allowed by 18 U.S.C. § 3582 to reduce a sentence under certain conditions and subject to various limitations. A sentence may be reduced when it is for “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). As part of this reduction, the district court must consider the sentencing factors provided in 18 U.S.C. § 3553 and may reduce the sentence only “if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission”. 18 U.S.C. § 3582(c)(2).

These sentence reductions are governed by the policy statement in the above-referenced Guideline § 1B1.10. It provides: in reducing sentences that fell within the guideline range when originally imposed, “the court shall not reduce the ... term of imprisonment ... to a term that is less than the minimum of the amended guideline range”. U.S.S.G. § lB1.10(b)(2)(A) (emphasis added). Accordingly, under Guideline § 1B1.10, made mandatory by 18 U.S.C. § 3582, a district court cannot impose a sentence below the guideline range.

Having determined the mandatory guidelines regime violated the Sixth Amendment, Booker excised 18 U.S.C. § 3553(b)(1), which made the guidelines mandatory, and thereby rendered them advisory only. As he did in district court, Doublin urges Booker applies to 18 U.S.C. § 3582 reductions as well, so that Guideline § lBl.lO’s limitation is advisory only and the district court could impose a below-guideline-range sentence.

Although this is an issue of first impression in our court, numerous other circuits have considered it. Of the nine to consider the issue, the First through Fourth, Seventh, Eighth, Tenth, and Eleventh have rejected Booker’s application to sentence reductions under 18 U.S.C. § 3582, and have held the Guideline § 1B1.10 limitation to be mandatory. See United States v. Fanfan, 558 F.3d 105 (1st Cir.2009); United States v. Savoy, 567 F.3d 71 (2d Cir.2009); United States v. Doe, 564 F.3d 305 (3d Cir.2009); United States v. Dunphy, 551 F.3d 247 (4th Cir.2009); United States v. Cunningham, 554 F.3d 703 (7th[*238] Cir.2009); United States v. Starks, 551 F.3d 839 (8th Cir.2009); United States v. Rhodes, 549 F.3d 833 (10th Cir.2008); United States v. Melvin, 556 F.3d 1190 (11th Cir.2009).

Only the Ninth Circuit has held that, for an 18 U.S.C. § 3582(c)(2) resentencing, district courts can reduce the sentence below the amended guideline range. Hicks, 472 F.3d at 1172 (“Mandatory Guidelines no longer exist, in this context or any other.”). Hicks, relied upon by Doublin in district court, was decided, however, prior to the 2008 amendments to Guideline § 1B1.10, barring any reduction below the amended guideline minimum. (The basis for the decision in Hicks is not, however, necessarily affected by these amendments. See Hicks, 472 F.3d at 1172 (“[T]o the extent that the policy statements would have the effect of making the Guidelines mandatory ... they must be void”.).)

To the extent Hicks is not distinguished by the subsequent amendments to Guideline § 1B1.10, we find it unpersuasive. For the reasons that follow, we join the nearly unanimous position of our sister circuits in holding Booker does not alter the mandatory character of Guideline § lBl.lO’s limitations on sentence reductions. Accordingly, the district court correctly ruled it could not reduce Doublin’s sentence below the minimum provided in the amended guidelines.

Booker mandates the guidelines are advisory in full sentencings (and, hence, in full resentencings); but, it is undisputed that a reduction under 18 U.S.C. § 3582 does not constitute a full resentencing. Guideline § lB1.10(a)(3) provides that “proceedings under 18 U.S.C. § 3582(c)(2) ... do not constitute a full resentencing of the defendant”. As the Tenth Circuit noted in Rhodes, 549 F.3d at 840, “there are clear and significant differences between original sentencing proceedings and sentence modification proceedings”. These differences explain why Booker does not affect Guideline § 1B1.10.

As an initial matter, the concerns at issue in Booker do not apply in an 18 U.S.C. § 3582(c)(2) proceeding. Quoting Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Booker noted that any “fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”. Booker, 543 U.S. at 231, 125 S.Ct. 738 (emphasis added). Section 3582(c)(2) proceedings do not, of course, involve sentence increases. “[T]he limits § 3582(c)(2) and U.S.S.G. § 1B1.10 impose on the extent of reductions are, at most, the equivalent of mandatory minimum sentences, which the Sixth Amendment permits within an otherwise-authorized sentencing range”. Dunphy, 551 F.3d at 253 n. 3 (citing Harris v. United States 536 U.S. 545, 566, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002)).

Furthermore, reductions under 18 U.S.C. § 3582(c)(2) are not mandatory; this section merely gives the district court discretion to reduce a sentence under limited circumstances. E.g., Dunphy, 551 F.3d at 252 (“Even before Booker, the guidelines were not mandatory in § 3582(c) proceedings. Courts are not required to reduce a sentence.”) (emphasis in original). By referencing the guidelines, the Sentencing Commission has not reimposed a mandatory guidelines regime; rather, the guidelines serve merely as a limit on the extent to which a sentence may be reduced subsequent to its having been imposed previously. (Of course, in the absence of 18 U.S.C. § 3582(c)(2), a sentence based on a subsequently-amended guideline could not be reduced to any extent.)

[*239] As the Eighth Circuit noted in Starks, 551 F.3d at 842, “[i]n § 3582(c), Congress sought to limit the authority of a district court to modify a term of imprisonment”, by requiring any reduction to be consistent with policy statements issued by the Sentencing Commission. Accordingly, “[a]l-though the guidelines must be treated as advisory in an original sentencing proceeding, neither the Sixth Amendment nor Booker prevents Congress from incorporating a guideline provision as a means of defining and limiting a district court’s authority to reduce a sentence under § 3582(e)”. Id.

III. .

For the foregoing reasons, the amended judgment is AFFIRMED.