United States v. Donnell Martin

178 F. App'x 910
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 27, 2006
Docket05-14888
StatusUnpublished
Cited by1 cases

This text of 178 F. App'x 910 (United States v. Donnell Martin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Donnell Martin, 178 F. App'x 910 (11th Cir. 2006).

Opinion

*911 PER CURIAM:

Donnell Martin appeals his two consecutive sentences of 60 months imprisonment, imposed after he pled guilty to conspiring to possess heroin with intent to distribute it, in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(C), and obtaining heroin while serving a sentence in federal prison, in violation of 18 U.S.C. § 1791(a)(2), (b)(1), and (d)(1)(C). Because the district court did not plainly err in imposing consecutive sentences and because the sentences imposed were reasonable, we AFFIRM.

I. BACKGROUND

Martin was charged in a two-count indictment with: (1) conspiring to possess heroin with intent to distribute it, in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(C) (Count 1); and (2) obtaining heroin while serving a sentence in federal prison, in violation of 18 U.S.C. § 1791(a)(2), (b)(1), and (d)(1)(C) (Count 2). He pled guilty as to both counts without a plea agreement.

At the change-of-plea hearing, the government proffered the following factual basis for the charges. Martin, an inmate at a federal prison in Florida, “assisted another inmate, Eliezer Moreno-Vigo, with obtaining and distributing heroin in the prison by agreeing to receive letters on behalf of Moreno-Vigo that the defendant knew contained heroin. After receiving the letters, the defendant provided them to Moreno-Vigo who then distributed the heroin to other inmates.” R2 at 14. Prison officials intercepted several letters addressed to Martin in which hidden compartments in the pages contained a powdery substance determined to be heroin. Id. Prison officials delivered the remaining pages of one of the letters to Martin, and prison video surveillance showed that Martin gave the contents to Moreno-Vigo. Id. Martin told prison officials that he had agreed to receive the letters in exchange for books of stamps, a form of currency in prison. Id. at 15. He admitted receiving a total of eight letters for Moreno-Vigo. Id. at 15-16.

The probation office classified Martin as a career offender, pursuant to U.S.S.G. § 4B1.1 (2004), because Martin had been convicted on three prior occasions of crimes of violence or controlled substance offenses, including armed robbery, wanton endangerment, and possession with intent to distribute cocaine base. Because the statutory maximum penalty for his offense here was 20 years, Martin was assigned a base offense level of 32. He received a three-level reduction, pursuant to U.S.S.G. § 3E1.1, for acceptance of responsibility and a timely guilty plea, leaving him with a total offense level of 29. Martin’s career offender status gave him a criminal history category of VI, pursuant to § 4B1.1. Based on these calculations, the applicable guideline range was 151 to 188 months imprisonment.

The probation office noted that, pursuant to 18 U.S.C. § 1791(c), punishment for the violation of § 1791(b) must be consecutive to (1) any other sentence imposed for the same controlled substance offense and (2) any sentence that the defendant was serving when the offense was committed. Because Martin’s criminal history gave him a total of twenty points, the probation office also informed the court that an upward departure might be warranted under U.S.S.G. § 4A1.3(a)(l), if the court determined that Martin’s criminal history category did not adequately reflect his past criminal conduct. Neither the government nor Martin objected to the findings by the probation office, but Martin filed a motion seeking a downward departure on the ground that his criminal history category *912 substantially over-represented the seriousness of his criminal history category.

At the sentencing hearing, the district court adopted the PSI’s findings of fact and calculations regarding the appropriate guideline range. In support of his motion for a downward departure, Martin asserted: (1) he had not used the heroin he had received in the mail; (2) he had sent the majority of the money he earned to his daughter; (3) he had cooperated with prison officials and admitted his guilt; (4) his offense involved only a small drug amount; (5) he had accepted responsibility for his involvement in the offense; and (6) other prisoners involved in similar conduct had received either administrative punishment or sentences in the two to four-year range. R3 at 5-8. The government responded that the amount of heroin involved in the offense conduct had been significant, because each gram of heroin contained approximately 75 hits, and noted that a prisoner whose offense was more similar to Martin’s — distributing heroin- — -than the offenses of the prisoners whose sentences Martin had used for comparison, had been sentenced to eleven years. Id. at 10-13.

Id. at 13-14. The district court further noted that Martin’s sentences would be more severe than other sentences imposed in controlled substances cases coming out of Coleman prison, because the court regarded the possession and distribution of heroin “as a substantially more serious offense than the distribution of other controlled substances, including cocaine and marijuana in particular.” Id. at 14. The district court then sentenced Martin to 60 months imprisonment as to Count 1 and 60 months imprisonment as to Count 2, to be served consecutively to each other and to the sentence he was serving when he committed the offenses.

The government then objected to the fact that the sentences were below the recommended guideline range, and Martin requested that the district court reconsider, asserting that the court had gone “right back to the career offender guidelines.” Id. at 16. The district court declined to reconsider because it had granted a “downward departure in [Martin’s] favor of 31 months” from the guideline range even though he was a career offender. Id. The court further stated that any less severe “would not be a reasonable sentence and would invite criticism of the administration of justice.” Id.

On appeal, Martin argues for the first time that 18 U.S.C. § 1791(b) did not require the sentencing court to sentence him to consecutive sentences for each count in the indictment. He also argues that the sentences imposed were excessive and failed to take into consideration the factors listed in 18 U.S.C. § 3553(a).

II. DISCUSSION

A. Section 1791

Martin’s objection based on 18 U.S.C.

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178 F. App'x 910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-donnell-martin-ca11-2006.