UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6186 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVE ANDRAE TAYLOR, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:99-cr-00145-REP-2) Submitted: March 17, 2020 Decided: May 12, 2020 Before KEENAN and RUSHING, Circuit Judges, and Thomas E. JOHNSTON, Chief United States District Judge for the Southern District of West Virginia, sitting by designation. Vacated and remanded by unpublished opinion. Judge Keenan wrote the opinion, in which Judge Rushing and Judge Johnston concurred. Geremy C. Kamens, Federal Public Defender, Alexandria, Virginia, Robert J. Wagner, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. G. Zachary Terwilliger, United States Attorney, Alexandria, Virginia, Heather Hart Mansfield, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 BARBARA MILANO KEENAN, Circuit Judge: Dave Andrae Taylor appeals from the district court’s denial of his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). After considering the parties’ arguments, we conclude that our decision in United States v. Martin, 916 F.3d 389 (4th Cir. 2019) is controlling, and we hold that the district court erred by failing to address Taylor’s mitigation evidence that accrued after his original sentencing. Therefore, we vacate the district court’s judgment denying Taylor’s motion and remand the case for additional consideration and explanation. I. In 1999, Taylor, who was 21 years old, pleaded guilty to (1) conspiracy to distribute and possession with the intent to distribute 50 grams or more of cocaine base, in violation of 21 U.S.C. § 846 (the drug conspiracy count), and (2) possession of a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. § 924(c) (the firearm count). The district court accepted Taylor’s guilty plea. However, before sentencing, Taylor moved to withdraw his guilty plea, which the district court denied. In Taylor’s presentence report (PSR), the probation officer calculated Taylor’s offense level at 43 and his criminal history category at II. These calculations resulted in a Guidelines range of life imprisonment on the drug conspiracy count, and a consecutive 60- month term of imprisonment on the firearm count. The offense level calculation included a three-level enhancement for Taylor’s managerial role in the conspiracy and a two-level enhancement for obstruction of justice. 3 Taylor objected to imposition of these enhancements. He also objected to the probation officer’s recommendation that he be assigned responsibility for 2,759 grams of cocaine base and to the probation officer’s criminal history calculation, which included a conviction for unlawful wounding committed while Taylor was incarcerated and awaiting sentencing. Finally, Taylor requested a downward departure because his coconspirators, including the leader of the drug conspiracy, had received lower sentences. After conducting an evidentiary hearing, the district court overruled each of Taylor’s objections and denied his motion for a downward departure. Addressing the managerial role enhancement, ...
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