TaiLexi AI U.S. Case Law

United States v. Edwin Jeter

UNITED STATES of America, Plaintiff-Appellee, v. Edwin JETER, Defendant-Appellant

United States v. Jeter, 329 F.3d 1229 (11th Cir. 2003)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Eleventh Circuit · U.S. Courts of Appeals
Decided
May 6, 2003
Docket
No. 02-15326
Judges
Tjoflat, Barkett, Hull
Citations
329 F.3d 12292003 WL 210052512003 U.S. App. LEXIS 8607
Summary
Non-Argument Calendar.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Per Curiam

PER CURIAM:

Appellant, a federal prisoner currently serving a 168-month sentence imposed following a plea of guilty to conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. § 846 , challenges his sentence on the ground that the district court, in applying the Sentencing Guidelines, erred in denying him a minor role adjustment pursuant to U.S.S.G. § 4B1.1.

Appellant is a career offender. Under the Guidelines, a defendant is a career offender if the following three elements are present (as they are here):

(1) the defendant was at least eighteen years old at the time the defendant committed the instant offense of conviction, (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense, and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.

U.S.S.G. § 4B1.1. While a career offender’s criminal history category is always Category VI, § 4B1.1 indicates that with respect to the defendant’s offense level, as distinguished from his criminal history category, “[i]f an adjustment from § 3E1.1 (Acceptance of Responsibility) applies, [a court must] decrease the offense level by the number of levels corresponding to that adjustment.” U.S.S.G. § 4B1.1.

In contending that the court should have granted him a minor role adjustment under § 4B1.1, appellant relies on the rule of lenity. The rule of lenity applies if a statute — in this instance, a sentencing guideline — is ambiguous.

United States v. Johnson, 155 F.3d 682, 685 (3rd Cir.1998). Because § 4B1.1, by its express terms, only authorizes an adjustment based on acceptance of responsibility, and does not mention the minor role adjustment, and since “the inclusion of one implies the exclusion of others,”

United States v. Koonce, 991 F.2d 693, 698 (11th Cir.1993), the guideline is not ambiguous and the rule of lenity does not apply.

Johnson, 155 F.3d at 685 .

Several of our sister circuits appear to hold that the minor role adjustment is not available to a defendant sentenced under the career offender provision.

See id.

at 684 & n. 4 (citing to the First, Seventh, Eighth, and Ninth Circuits, all of which have held that mitigating role adjustments do not apply in the career offender scenario). Today we make it clear that minor role adjustments are not available to defendants sentenced under § 4B1.1.

Appellant’s sentence is, accordingly, AFFIRMED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 25 cases

View all citing references →
2004: 32005: 32006: 22007: 12008: 12009: 12010: 22011: 12012: 12013: 32016: 22017: 12019: 12020: 12022: 12026: 120042026peak 2004 · 3

Relies on it most ⓘ

  1. United States v. Geneva Ellwood188 F. App'x 935 (11th Cir. 2006)
  2. United States v. Ramiro Burgos, Jr.518 F. App'x 728 (11th Cir. 2013)
  3. United States v. Kenneth Eugene Thomas, Jr.No. 19-11175 (11th Cir. Mar. 30, 2020)
  4. United States v. Wright607 F.3d 708 (11th Cir. 2010)
  5. United States v. Lockley632 F.3d 1238 (11th Cir. 2011)
  6. United States v. Luis Enrique Polar369 F.3d 1248 (11th Cir. 2004)

Most recent

  1. United States v. Eddy SalinasNo. 25-10825 (11th Cir. Feb. 4, 2026)
  2. United States v. Raynaldo Ray QuirogaNo. 22-10915 (11th Cir. Sept. 19, 2022)
  3. United States v. Kenneth Eugene Thomas, Jr.No. 19-11175 (11th Cir. Mar. 30, 2020)
  4. United States v. Jermayne Whyte928 F.3d 1317 (11th Cir. 2019)
  5. United States v. Keondrae Neely683 F. App'x 918 (11th Cir. 2017)
  6. United States v. Lazaro Candelaria671 F. App'x 760 (11th Cir. 2016)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
United States v. Johnson, 155 F.3d 682 (3d Cir. 1998) 26
United States v. Koonce, 991 F.2d 693 (11th Cir. 1993) 40

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list