United States v. David Stafford

258 F.3d 465, 2001 U.S. App. LEXIS 15921, 2001 WL 818245
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 17, 2001
Docket99-5706
StatusPublished
Cited by91 cases

This text of 258 F.3d 465 (United States v. David Stafford) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. David Stafford, 258 F.3d 465, 2001 U.S. App. LEXIS 15921, 2001 WL 818245 (6th Cir. 2001).

Opinions

ROSEN, D. J., delivered the opinion of the court, in which NORRIS, J., joined. CLAY, J. (pp. 479-84), delivered a separate concurring opinion.

[468]*468OPINION

ROSEN, District Judge.

Defendant/Appellant David Stafford appeals his 188-month sentence for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1), arguing that this sentence erroneously reflects an enhancement for “crack” cocaine. Yet, the substance in question was expressly and consistently referred to as crack cocaine both at the plea hearing and in the presen-tence investigation report, and Defendant never once challenged this characterization throughout the course of the proceedings in the court below. Accordingly, finding no basis to relieve Defendant of the consequences of his guilty plea, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The Incident Leading to Defendant’s Indictment

An account of DefendanVAppellant David Stafford’s arrest is set forth in his Presentence Investigation Report, and this same account is incorporated without objection into Defendant’s brief on appeal. On March 24, 1998, at around 1:45 p.m., the Louisville police observed a motor vehicle traveling in excess of 60 miles per hour in a 35 mile per hour zone. The vehicle was being driven by Lois Dorsey, and Defendant was riding in the front passenger seat. As officers stopped the vehicle to investigate a traffic violation, Defendant exited the car with a white bag in his hand, and attempted to flee the scene on foot. During the ensuing chase, the officers observed Defendant throwing the bag away. Defendant was apprehended, and the bag was recovered. As discussed below, a laboratory analysis determined that the bag contained 235.42 grams of “cocaine freebase” and 14.48 grams of powder cocaine. {See Presen-tence Investigation Report at ¶ 5, J.A. at 41.)

B. Procedural Background

On August 3, 1998, Defendant was charged in a one-count indictment with possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). The indictment did not specify drug quantities, nor did it refer to any of the penalty provisions set forth at 21 U.S.C. § 841(b)(1).1

Defendant was arraigned on December 30, 1998, and entered a guilty plea on March 8, 1999. In his plea agreement, Defendant acknowledged that he was charged with a violation of 21 U.S.C. § 841(a)(1), that he fully understood the nature and elements of the charged offense, and that this charge carried a “minimum term of imprisonment of 10 years, [and] a maximum term of life imprisonment.” (Plea Agreement at 1, J.A. at 9.) The plea agreement further stated that, at the time of sentencing, the Government would “recommend a sentence of imprisonment at the lowest end of the applicable [Sentencing] Guideline Range, but not less than any mandatory minimum term of imprisonment required by law,” and that the Government would stipulate to the quantity of drugs involved as being “235.42 grams cocaine-base and 14.48 grams powder cocaine.” {Id. at 3-4, J.A. at 11-12.)

At the March 8, 1999 change-of-plea hearing before District Judge Edward H. Johnstone, Assistant U.S. Attorney Monica Wheatley summarized the plea agreement as follows:

[469]*469In exchange for Mr. Stafford’s plea of guilty to the one-count indictment, which does charge an 841(a)(1) possession with intent to distribute count, the United States will be recommending the low end of the appropriate guideline range but not less than any mandatory minimum recommending three levels off for acceptance of responsibility, stipulating the quantity of drugs in this case is 235.42 grams of cocaine base, also known as crack, and 14.48 grams of cocaine powder....

(Plea Hearing Tr. at 2-3, J.A. at 27-28.) Both AUSA Wheatley and Defendant’s counsel, Jamie Haworth, confirmed that the plea agreement specified a minimum term of imprisonment of ten years, (id. at 3, J.A. at 28), and Defendant himself stated at two different points that he understood this, (id. at 4, 5, J.A. at 29, 30). The District Judge also informed Defendant that he faced a maximum term of life imprisonment. (Id. at 4, J.A. at 29.) Neither Defendant nor his counsel raised any objection to the Government’s characterization of the terms of the plea agreement.

When questioned as to the factual basis for his guilty plea, Defendant testified:

I was stopped by Louisville police. And when they stopped me, I had eight- and-a-half ounces of cocaine base and [a] half-ounce of powder cocaine in my possession. I was subdued by police and arrested.

(Id. at 5, J.A. at 30.) The Government’s counsel then stated that, “[h]ad the matter proceeded to trial, the officers would have testified ... about the cocaine being seized from Mr. Stafford as well as lab evidence to confirm the drugs are of the quantity and type that are stipulated in the plea agreement.” (Id. at 6, J.A. at 31.) Following all this, Defendant pled guilty, the District Court accepted this plea.

In advance of Defendant’s sentencing, U.S. Probation Officer Kathryn B. Jarvis prepared and filed a Presentence Investigation Report (“PSIR”). As part of her discussion of the relevant offense conduct, Probation Officer Jarvis recounted the results of a laboratory analysis of the white bag discarded by Defendant shortly before his arrest. As noted earlier, this analysis revealed that “the bag contained approximately 235.42 grams of cocaine freebase and 14.48 grams of powder cocaine.” (See PSIR at 1, J.A. at 41.) Based on this offense conduct, the Probation Officer determined that Defendant’s base offense level under the U.S. Sentencing Guidelines was 34, with a three-point reduction to 31 for acceptance of responsibility. (See id. at 2-3, J.A. at 42-43.) The PSIR explained the basis for this computation:

The guideline for a violation of 21 USC 841(a)(1) is found in Section 2D1.1 and directs that the offense level be determined by utilizing the Drug Quantity Table set forth in Subsection (c). As this case involves both powder cocaine and crack cocaine, each shall be converted to its marijuana equivalent to obtain a single offense level. The 235.42 grams of cocaine base (“crack”) have a marijuana equivalency of 4,708.4 kilograms. The 14.48 grams of powder cocaine have a marijuana equivalency of 2,896 grams (2.896 kilograms of marijuana). Therefore, the total quantity (marijuana equivalent) would be 4,711.296 kilograms of marijuana. Section 2Dl.l(e)(3) directs that for cases involving at least 3,000 kilograms but less than 10,000 kilograms of marijuana, the base offense level shall be 34.

(Id. at 2, J.A. at 42.)

The Probation Officer next found that Defendant’s lengthy record of prior arrests and convictions placed him in criminal history category VI. (See id. at 3-15, J.A. at [470]

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Bluebook (online)
258 F.3d 465, 2001 U.S. App. LEXIS 15921, 2001 WL 818245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-david-stafford-ca6-2001.