United States of America v. Derek Duane Riley

Bay City, Michigan, criminal defense lawyer represented the Defendant charged with ne count of conspiracy to possess with intent to distribute controlled substances under 21 U.S.C. § 841 and § 846.



In 2016, Riley pled guilty to one count of conspiracy to possess with intent to distribute controlled substances under 21 U.S.C. § 841 and § 846. At the time, his offense level was 31 and his criminal history category was III based on five criminal history points, producing a sentencing guideline range of 135 to 168 months. The district court sentenced him to 160 months. In 2023, however, Amendment 821 to the Sentencing Guidelines retroactively lowered criminal history status points for certain classes of prior offenses. U.S. Sent'g Guidelines Manual App. C Supp., Amend. 821 (Nov. 1, 2023). Under the amended guideline, Riley had three criminal history status points, putting him in category II and placing his new guideline range at 121 to 151 months. Riley requested and received a public defender to represent him in resentencing proceedings. On February 5, 2024, the Government and Riley's counsel entered a stipulation in which the parties agreed Riley was eligible for resentencing and jointly recommended a sentence of 144 months. The next day, February 6, the district court followed the parties' recommendation and resentenced Riley to a term of incarceration of 144 months.



Riley then filed a motion for reconsideration, asserting that he was proceeding pro se in order to make clear that his

counsel had agreed to the stipulation without his knowledge and against his wishes, and that a lower sentence was warranted.

Vacated and remanded.