Submitted Under Third Circuit L.A.R. 34.1(a) May 26, 2017
Appeal from the United States District Court for the Western
District of Pennsylvania (D.C. No. 2-09-cr-00098-001)
District Judge: Honorable David S. Cercone
Song Jane M. Dattilo Rebecca R. Haywood Michael L. Ivory
Office of the United States Attorney Counsel for
B. Freeland Samantha L. Stern Office of the Federal Public
Defender Counsel for Defendant-Appellant
Before: HARDIMAN, ROTH, and FISHER, Circuit Judges.
HARDIMAN, Circuit Judge.
Martin appeals an order of the United States District Court
for the Western District of Pennsylvania that denied his
motion for a sentence reduction under 18 U.S.C. §
3582(c)(2). Martin claimed he was entitled to a lesser
sentence because of Amendment 782 to the United States
Sentencing Guidelines (Guidelines or USSG), but the District
Court disagreed because Martin was a career offender. We
agree with the District Court that Martin's status as a
career offender meant that he was not eligible for a reduced
pleaded guilty to possession with intent to distribute more
than 50 grams of crack cocaine in violation of 21 U.S.C.
§ 841(a)(1) and (b)(1)(B)(iii). He and the United States
entered into a written plea agreement pursuant to Federal
Rule of Criminal Procedure 11(c)(1)(C), colloquially known as
a "(C) plea, " in which they agreed that
Martin's advisory range under the Guidelines was 70 to 87
months' imprisonment and that a sentence of 87 months was
to Martin's sentencing, the United States Probation
Office prepared a Presentence Investigation Report (PSR) that
differed from the Guidelines calculation agreed upon by the
parties. According to the Probation Office, Martin's true
advisory Guidelines range was 188 to 235 months'
imprisonment because Martin was a career offender.
Government did not object to the PSR, but Martin disagreed
that he was a career offender and reserved the right to
object to that finding at a later date. As Martin's
counsel explained at the sentencing hearing: "I want to
make the record clear. I didn't file objections. What I
filed was an 11(c)(1)(C) with eighty-seven months. If the
Court were not to accept it, I have a number of
objections." App. 27-28.
sentencing, the District Court noted several times that
Martin was a career offender. The Court explained: "In
this case, the defendant's criminal history includes
separate convictions in the Court of Common Pleas of
Allegheny County for crimes of aggravated assault, resisting
arrest, and fleeing and alluding [sic] a police
officer. These convictions, when coupled with his current
drug offense, define him as a career offender." App.
23-24. Accordingly, the District Court agreed with the PSR,
finding that Martin's total offense level was 31 and his
criminal history category was VI, resulting in an advisory
Guidelines range of 188 to 235 months. Nevertheless, after
considering the sentencing factors enumerated in 18 U.S.C.
§ 3553, the Court sentenced Martin to 87 months'
imprisonment in accordance with Martin's (C) plea.
Statement of Reasons, the District Court noted that it had
adopted the PSR without change and again identified
Martin's sentencing range as 188 to 235 months (the
career offender range). After noting that it had imposed a
below-Guidelines sentence, the Court explained that it had