United States v. Reid, 139 F.3d 1367 (11th Cir. 1998). · Go Syfert
United States v. Reid, 139 F.3d 1367 (11th Cir. 1998). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: United States v. Li Valdes (ca11, 2017-05-16)
Top citers, strongest first. 11 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Li Valdes
11th Cir. · 2017 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
we cannot engage in meaningful appellate review of a sentence unless the district court sets out the facts underpinning the guidelines it applied in fashioning the defendant's sentence or the record plainly establishes such facts.
cited Cited as authority (rule) United States v. Catherine A. Hickling
11th Cir. · 2010 · confidence medium
United States v. Reid, 139 F.3d 1367, 1368 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Mitchell L. Anderson
11th Cir. · 2007 · confidence medium
Similarly, in the context of reviewing the denial of safety valve relief under U.S.S.G. § 5C1.2, we found that we could not “engage in meaningful appellate review of a sentence unless the district court sets out the facts underpinning the guidelines it applied in fashioning the defendant’s sentence or the record plainly establishes such facts.” United States v. Reid, 139 F.3d 1367, 1368 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Sydney Samuel Hamilton
11th Cir. · 2005 · confidence medium
Even though Hamilton did not object to the district court’s fact finding or lack thereof, we have held sua sponte that we “cannot engage in meaningful appellate review of a sentence unless the district court sets out the facts underpinning the guidelines it applied in fashioning the defendant’s sentence or the record plainly establishes such facts.” United States v. Reid, 139 F.3d 1367, 1368 (11th Cir.1998) (vacating and remanding a district court’s denial of safety-valve relief for further fact finding); see also United States v. Brownlee, 204 F.3d 1302, 1304-05 (11th Cir.2000) (vac…
discussed Cited as authority (rule) United States v. Jose Luis Montes
11th Cir. · 2005 · signal: cf. · confidence medium
Cf. United States v. Reid, 139 F.3d 1367, 1368 (11th Cir.1998) (vacating and remanding the defendant’s sentences when the defendant provided information he possessed concerning the criminal activity to authorities, the district court did not explain why it had concluded that the defendant did not qualify for relief under the "safely valve” provisions, and the evidence in the record also did not clearly establish that the defendant did not qualify).
discussed Cited "see" United States v. Mark Baugher
11th Cir. · 2020 · signal: see · confidence high
See United States v. Reid, 139 F.3d 1367, 1368 (11th Cir. 1998) (vacating and remanding for resentencing where we could not tell the basis for the district court’s guideline application decision).
cited Cited "see" United States v. Gilberto Sanchez
11th Cir. · 2020 · signal: see · confidence high
See United States v. Reid, 139 F.3d 1367, 1368 (11th Cir. 1998) (per curiam).
discussed Cited "see" United States v. Michael B. Enoch
11th Cir. · 2015 · signal: see · confidence high
See United States v. Reid, 139 F.3d 1367, 1368 (11th Cir.1998) (“We cannot engage in meaningful appellate review of a sentence unless the district court sets out the facts underpinning the guidelines it applied in fashioning the defendant’s sentence or the record plainly establishes such facts.”); Shukwit v. United States, 973 F.2d 903, 905 (11th Cir.1992) (remanding based on the district court’s failure to resolve a factual dispute because this Court was “unable to ascertain whether [the defendant] was sentenced on the basis of inaccurate information”).
cited Cited "see" United States v. Mario Magana
11th Cir. · 2008 · signal: see · confidence high
See United States v. Reid, 139 F.3d 1367, 1368 (11th Cir.1998) (safety-valve relief).
cited Cited "see" United States v. Julio Magana
11th Cir. · 2008 · signal: see · confidence high
See United States v. Reid, 139 F.3d 1367, 1368 (11th Cir.1998) (in the context of safety-valve relief).
discussed Cited "see, e.g." United States v. Adiel Sanchez Brey
11th Cir. · 2015 · signal: see, e.g. · confidence medium
See, e.g., United States v. Reid, 139 F.3d 1367, 1368 (11th Cir.1998) (“We cannot engage in meaningful appellate review of a sentence unless the district court sets out the facts underpinning the guidelines it applied in fashioning the defendant’s sentence or the record plainly establishes such facts.”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Donald Captric REID, A.K.A. Bigum, Defendant-Appellant
97-2787.
Court of Appeals for the Eleventh Circuit.
Apr 29, 1998.
139 F.3d 1367
1998 U.S. App. LEXIS 8242
1998 WL 207887
Bruce A. Nants, Orlando, FL, for Defendant-Appellant., Charles R. Wilson, U.S. Atty., Tampa, FL, Tamra Phipps and Edward L. White, III, Asst.U.S.Attys., Orlando, FL, for Plaintiff-Appellee.
Tjoflat, Birch, Marcus.
Cited by 11 opinions  |  Published
PER CURIAM:

Appellant pled guilty in the district court to a multi-count indictment that charged him with narcotics and money laundering offenses. He appeals his sentences, contending (1) that the district court, in determining his offense levels under the Sentencing Guidelines, failed to apply the safety-valve provision of U.S.S.G. § 5C1.2, as required by U.S.S.G. § 2D1.1 (b)(6), and (2) that the court should have departed downward from the guideline range in imposing his sentences. He therefore asks that his sentences be vacated and the case remanded for resen-tencing. We begin with appellant’s second point.

[*1368] Appellant contends that he is entitled to a downward departure because the Immigration and Naturalization Service has notified him that he will be deported upon his release from prison, and a downward departure would save taxpayers’ money. We do not review a district court’s refusal to make a downward departure unless the court, in entertaining a defendant’s request for a departure, indicates that it lacks the authority to depart. Nothing in this record indicates that the court thought that it lacked such authority; hence, appellant’s second point is merit-less.

Appellant’s first issue, however, is another matter. The guidelines direct the district court to decrease a defendant’s offense level by two levels if the offense level is greater than 26 and the defendant meets the criteria set forth in § 5C1.2. U.S.S.G. § 2D1.1 (b)(6). Section 5C1.2 applies if (1) the defendant does not have more than one “criminal history point,” (2) “the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense,” (3) “the offense did not result in the death of or serious bodily injury to any person,” (4) “the defendant was not an organizer, leader, manager or supervisor of others in the offense, as determined under the sentencing guidelines[,] and was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. § 848,” and (5) “not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan.... [T]he fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.” The burden is on the defendant, of course, to establish these criteria. United States v. Cruz, 106 F.3d 1553, 1557 (11th Cir.1997).

We cannot engage in meaningful appellate review of a sentence unless the district court sets out the facts underpinning the guidelines it applied in fashioning the defendant’s sentence or the record plainly establishes such facts. In deciding not to apply § 5C1.2 in this case, the district court, without hearing argument of counsel on the issue, stated only that it did “not feel the safety-valve applies in this case.” Other than this brief comment, nothing in the record tells us why the court concluded that the appellant did not qualify for a § 5C1.2 reduction. Furthermore, the evidence in the record does not clearly establish that he did not qualify. For example, the appellant has but one criminal history point; there is no indication that he made threats of violence or used a firearm in committing the offenses (although a firearm was found during the search of appellant’s apartment); there is no indication that anyone was injured as a result of the offenses; and the Government did not establish that appellant was a leader or organizer of. the criminal activity. Finally, in acknowledging that appellant had provided information to the authorities, the court did not determine whether he provided all of the information that he possessed concerning the criminal activity.

In sum, the lack of findings — explicit or implicit — on these issues precludes meaningful appellate review of the safety-valve issue. We therefore vacate appellant’s sentences and remand the case for further proceedings not inconsistent herewith.

VACATED and REMANDED.