Andrews v. United States

Background

Two men, Donovan and Andrews, were convicted in federal court for assaulting a Post Office employee during an attempted robbery. They received concurrent sentences of 25 years for putting the employee’s life in jeopardy by using a dangerous weapon and five years for conspiracy. At both the original sentencing and the later resentencing the judge did not ask either man if he wanted to speak on his own behalf, a right in Rule 32(a) of the federal criminal rules. The District Court later granted motions vacating the sentences and ordered new sentencing hearings so the men could be allowed to speak.

Reasoning

The main question was whether the Government could immediately appeal the District Court orders directing resentencing. The Court explained the motions were properly treated as collateral actions under 28 U.S.C. §2255 and that because the requested remedy was resentencing the orders were interlocutory, not final. Emphasizing the rule against piecemeal appeals, the Court held the Court of Appeals lacked jurisdiction to hear the Government’s appeals and set aside that court’s judgment.

Real world impact

The Supreme Court sent the cases back to the District Court for the promised resentencing so the defendants can be given the opportunity to speak before sentences are imposed. The decision prevents the Government from taking premature appeals in similar collateral sentencing proceedings and preserves the trial court’s role in correcting sentences before any final appeal is possible. The Court did not decide whether every denial of the right to speak would itself justify collateral relief.