United States v. Strayhorn

250 F.3d 462 (2001) United States Court of Appeals for the Sixth Circuit 2001-05-22

criminal; guilty plea to a § 846 conspiracy to possess with intent to distribute and to distribute "a measurable quantity" of marijuana; defendant appeals the 120-month mandatory minimum imposed under § 841(b)(1)(B) on the district judge's preponderance finding of drug quantity (Apprendi); sentence vacated and remanded for resentencing (result: claimant-lost)

Facts

  1. 5 Controlled substance (21 U.S.C. §§ 802(6), 812 Schedules I-V) or counterfeit substance (§ 841(a)(2)) satisfied conceded
    From the information gleaned from these recordings, federal agents executed a search at Strayhorn’s residence on January 17, 1998, where they recovered 48 pounds of marijuana, $3,000 in cash, and a handgun.
  2. 7 Partial penalty-tier drug type and quantity table (selected § 841(b)(1)(A)-(D) hook) not law
    While acknowledging his guilt for the amount of marijuana seized from his home and from co-defendant Phillips, he explicitly denied responsibility for any additional marijuana for which the government sought to hold him responsible.
  3. 7 Partial penalty-tier drug type and quantity table (selected § 841(b)(1)(A)-(D) hook) not law
    The court noted that Phillips had testified that he purchased or was “fronted” approximately 260 pounds of marijuana from Strayhorn, in addition to the 88 pounds which were actually seized.
  4. 7 Partial penalty-tier drug type and quantity table (selected § 841(b)(1)(A)-(D) hook) not law
    Already, we have held, pursuant to Apprendi, that the government must name in the indictment the quantity of drugs for which it seeks to hold the defendant responsible under 21 U.S.C. § 841(a), and that the determination of drug quantity under § 841(b) must, when it subjects the defendant to an enhanced sentence, be considered an element of the offense rather than a sentencing factor.
  5. 7 Partial penalty-tier drug type and quantity table (selected § 841(b)(1)(A)-(D) hook) not law
    Strayhorn never pleaded guilty to the elements of the offense under § 841(b)(1)(B) nor were they charged or proved beyond a reasonable doubt.
  6. 7 Partial penalty-tier drug type and quantity table (selected § 841(b)(1)(A)-(D) hook) not law
    Because the district court’s factual finding of drug quantity by a preponderance of the evidence transformed the crime to which the defendant pleaded guilty (conspiracy to possess less than fifty kilograms of marijuana punishable by a maximum ten-year sentence) into a greater crime for the purposes of sentencing (conspiracy to possess over 100 kilograms of marijuana punishable by a mandatory minimum ten-year sentence), the district court’s finding violated Strayhorn’s Fifth and Sixth Amendment rights.
  7. 9 Recidivist enhancement for prior conviction for a serious drug felony or serious violent felony (§ 841(b)(1), 21 U.S.C. § 851) satisfied conceded
    Strayhorn’s criminal history category was determined to be level III, which included a prior felony drug offense.