NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 15-3556
___________
UNITED STATES OF AMERICA
v.
TROY GOODMAN, a/k/a Mrs. Law
Troy Goodman,
Appellant
____________________________________
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Crim. Action No. 4:06-cr-00175-001)
District Judge: Honorable John E. Jones, III
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
March 17, 2016
Before: CHAGARES, KRAUSE and GREENBERG, Circuit Judges
(Opinion filed: March 31, 2016)
___________
OPINION*
___________
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
1
PER CURIAM
Troy Goodman appeals pro se from an order of the District Court denying his
motion for a sentence reduction filed pursuant to 18 U.S.C. § 3582(c)(2). For the reasons
that follow, we will affirm the District Court’s judgment.
Goodman entered into a plea agreement on February 4, 2009, to resolve charges of
criminal conspiracy to distribute and possess with intent to distribute cocaine base. The
agreement called for a sentence of 216 months in prison. On July 28, 2009, the District
Court accepted the agreement and imposed that term of imprisonment as part of
Goodman’s sentence. Thereafter, the United States Sentencing Commission issued
Amendments 750 and 782 to the United States Sentencing Guidelines. Amendment 750
reduced the crack-related offense levels in U.S.S.G. § 2D1.1 of the Guidelines, and
Amendment 782 reduced by two levels the offense levels assigned to most drug
quantities under U.S.S.G. § 2D1.1(c). On March 20, 2015, Goodman filed a pro se
motion pursuant to 18 U.S.C. § 3582(c)(2) seeking a sentence reduction based on
retroactive application of those Amendments. The District Court appointed counsel, who
withdrew from the representation on the ground that Goodman was not eligible for a
reduction based on the retroactive application of those Amendments. The District Court
denied Goodman’s motion on October 5, 2015. This appeal followed.
We have appellate jurisdiction pursuant to 28 U.S.C. § 1291. Our review of a
District Court’s determination that a defendant is ineligible for relief under 18 U.S.C.
2
§ 3582(c)(2) is plenary. United States v. Weatherspoon, 696 F.3d 416, 420 (3d Cir.
2012).
On appeal, Goodman argues that the District Court never explained its reasoning
for denying the sentence-reduction motion. It is true that the District Court’s form order
contains no explanation or reasoning. However, it is clear from the record that the
District Court did not err.
A defendant who pleads guilty pursuant to a Federal Rule of Criminal Procedure
11(c)(1)(C) plea agreement that sets out a specific term of imprisonment is eligible for a
reduction under § 3582(c)(2) only if his sentence is based on a Guidelines range and the
agreement makes clear that the basis for the agreed sentence is the Guidelines. Id. at 422-
23. A defendant must show, in particular, that “his agreement both identifies a
Guidelines range and demonstrates a sufficient link between that range and the
recommended sentence.” Id. at 423.
The plea agreement never identifies a Guidelines range, let alone demonstrates any
link between a specific Guidelines range and the agreed sentence of 216 months’
imprisonment. Indeed, the agreement never mentions or alludes to the Guidelines in any
way. Rather, the agreement states only that “[t]he parties agree that this sentence is a
reasonable sentence under the facts and circumstances of this case.” Plea Agreement at
6, D. Ct. Doc. No. 543; Amended Plea Agreement at 6, D. Ct. Doc. No. 642. Under these
circumstances, it is clear that Goodman is not eligible for a sentence reduction pursuant
3
to § 3582(c)(2). Consequently, we will affirm the District Court’s judgment denying
Goodman’s motion to reduce his sentence.
4