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Keywords

appealmotiongood faithsentencing guidelines
appealmotiongood faith

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United States v. Hilderbrand, 667 Fed.Appx. 131 (Mem)

Facts

Hilderbrand moved to proceed in forma pauperis (IFP) to appeal the denial of his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) based on Amendment 782. He argued that the district court misapplied the amendment and the § 3553(a) factors, asserting that he should receive a sentence at the low end of his new guideline range. The district court recognized his eligibility for a reduction but denied the motion, citing his criminal history and the amount of drugs involved in his offense.

The district court correctly recognized that Hilderbrand was eligible for a reduction and that his original sentence of 188 months was within the new guideline range of 151 to 188 months.

Issue

Did the district court err in denying Hilderbrand's motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) and in certifying that the appeal was not taken in good faith?

Did the district court err in denying Hilderbrand's motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) and in certifying that the appeal was not taken in good faith?

Rule

The court applied the principles from 18 U.S.C. § 3582(c)(2), which allows for sentence reductions based on amendments to the sentencing guidelines, and considered the § 3553(a) factors in its discretion.

The court also had before it Hilderbrand’s arguments in favor of a reduction and information regarding his prison history.

Analysis

The court found that Hilderbrand was eligible for a reduction, as his original sentence fell within the new guideline range. However, it exercised its discretion to deny the motion, taking into account Hilderbrand's criminal history and the nature of his offense, which included the amount of drugs involved. The court concluded that Hilderbrand did not present a nonfrivolous issue regarding the denial of his motion.

The court denied Hilderbrand’s motion as a matter of discretion, referring to the § 3553(a) factors in general and Hilderbrand’s criminal history and the amount of drugs involved in the offense of conviction in particular.

Conclusion

The court denied Hilderbrand's motion to proceed IFP and dismissed the appeal as frivolous, concluding that it was not brought in good faith.

Accordingly, this appeal does not present a nonfrivolous issue and has not been brought in good faith.

Who won?

The United States prevailed in the case as the court upheld the denial of Hilderbrand's motion for a sentence reduction, finding no nonfrivolous issues in his appeal.

The motion for leave to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous.

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