United States v. Frederick Irons

712 F.3d 1185, 2013 WL 1458709, 2013 U.S. App. LEXIS 7289
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 11, 2013
Docket16-3563
StatusPublished
Cited by12 cases

This text of 712 F.3d 1185 (United States v. Frederick Irons) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Frederick Irons, 712 F.3d 1185, 2013 WL 1458709, 2013 U.S. App. LEXIS 7289 (7th Cir. 2013).

Opinion

NORGLE, District Judge.

Frederick Lee Irons was sentenced to 240 months’ imprisonment on November 5, 1999, after he pleaded guilty to one count of conspiracy to distribute cocaine base, 21 U.S.C. §§ 841(a)(1), and 846, and two counts of possession with intent to distribute cocaine base, 21 U.S.C. § 841(a)(1). Irons now seeks, for the second time, a reduction in his sentence pursuant to 18 U.S.C. § 3582(c)(2), based on a recent amendment to the federal Sentencing Guidelines for crack cocaine offenses.

The district court denied Irons’s motion for lack of jurisdiction. Irons appeals that decision, arguing that the district court erred when it found him responsible for thirty-one kilograms of crack cocaine — a decision that Irons claims is not supported by the evidence presented at his sentencing. We affirm the district court’s ruling, denying Irons’s § 3582(c)(2) motion for lack of subject-matter jurisdiction.

I. Background

A. Factual Background

On March 17, 1999, a grand jury in the Southern District of Illinois returned a nine-count superceding indictment against Frederick Lee Irons and seven codefen-dants, Theodore Johnson, Saxon D. Simmons, Sharon L. Barnes, Sharon Johnson, Barry Dabney, Jerome E. Johnson, and Thetis L. Johnson. Irons entered an oral plea of guilty to counts one, two, and three of the indictment on June 22, 1999. Count one charged Irons with conspiracy to distribute crack cocaine, while counts two and three involved controlled buys by the Southern Illinois Drug Task Force and confidential informants of small amounts of crack cocaine, sold by Irons.

The events took place in Centraba, Illinois from January 1997 through March 1999, approximately eight months of which Irons was involved. Theodore “Buckeye” Johnson was the leader of the operation and was responsible for getting people to move the drugs from Chicago to Centraba. Theodore Johnson obtained the drugs from “Mr. Man,” Irons’s brother-in-law in Chicago. Irons worked as a runner and seller, retrieving the crack cocaine from Chicago and bringing it back to Centraba for packaging and sale.

A Presentence Investigation Report (“PSR”) was prepared by the Probation Department for the sentencing hearing on November 5, 1999. Among other things, the PSR contained information from confidential informants and co-defendants as to the amount of drugs personally attributable to Irons. The estimated amounts varied based upon each co-defendant’s level of involvement and personal interaction with Irons. Co-defendant Lonzell Simmons told authorities that he made approximately sixty-four trips to Chicago with Irons and Theodore Johnson, picking up eighteen ounces of crack cocaine on each occasion, with the exception of three or four times when they purchased thirty ounces. Thetis L. Johnson told authorities that during the course of the conspiracy, approximately one kilogram of crack cocaine was sold each week. Factoring in Irons’s eight-month involvement in the conspiracy, the amounts provided by both co-defendants exceed thirty-one kilograms.

Irons and his attorney filed eighteen objections to the PSR challenging the quantity of drugs and the extent of Irons’s *1188 relevant involvement. During the hearing, Irons withdrew two of his objections, and the remainder were addressed by the parties and the court. In Objection No. 10, Irons specifically rejected Paragraph 29 of the PSR, which provided that Irons’s “relevant conduct involved at least 31 kilograms of cocaine base in the form of ‘crack’ cocaine.”

Irons testified in support of his various objections to the PSR. For the government, the case agent from the Federal Bureau of Investigation, Rick Stonecipher, testified about the details of the conspiracy and Irons’s role within it. Stonecipher related statements made by various co-conspirators as to the amount of crack cocaine for which Irons was responsible.

After hearing the evidence presented by Irons and the government, the district court found “that the credible and competent evidence supports the assertions made by the Probation Department in the [PSR], and finds that the relevant conduct in this case exceeds 1.5 kilograms.” The court went on to overrule Irons’s remaining objections to the PSR, stating that “relative to Objection 1 the Court adopts the probations officer’s position; the same with respect to Objection 2, 3, 4, 5, 6, 7, 8, 11, 9,10, 12, 13, 14, 15, and 18.” (emphasis added).

Having adopted the PSR’s determination of the amount of Irons’s relevant conduct, based on the mandatory sentencing guidelines at the time, the court found Irons subject to the highest base offense level of 38, for offenses involving 1.5 kilograms or more. Upon reducing the offense level to 35 for acceptance of responsibility, along with a criminal history category of III, the district court sentenced Irons to 240 months’ imprisonment. We affirmed the sentence on appeal, holding that the district court’s finding of relevant conduct in the amount of thirty-one kilograms was not clearly erroneous. United States v. Irons, 5 Fed.Appx. 516, 517 (7th Cir.2001).

On March 5, 2008, Irons filed a motion for retroactive application of sentencing guidelines to crack cocaine offenses pursuant to § 3582(c)(2), seeking a reduction in his sentence due to an amendment to the Sentencing Guidelines, which raised the threshold quantity for the highest offense level to 4.5 kilograms of cocaine base or crack cocaine. Irons argued that, in determining his base offense level at sentencing, the district court found only that his relevant conduct was at least 1.5 kilograms. Irons’s appointed counsel moved, and was granted, leave to withdraw after representing that Irons was not eligible for a sentence reduction based on the PSR adopted by the district court, which found Irons responsible for more than 4.5 kilograms — indeed at least thirty-one kilograms. The motion was dismissed for lack of jurisdiction because the district court found that the amendment would not reduce Irons’s base offense level. We affirmed that decision on February 24, 2011, finding that “[b]ecause the applicable guidelines range was not lowered, the district court lacked the discretion to grant the motion and reduce his sentence.” United States v. Irons, No. 10-3648, 2011 U.S.App. LEXIS 26328, at *2 (7th Cir. Feb. 24, 2011).

B. Procedural Background

On October 31, 2011, Irons filed yet another motion seeking a reduction in his sentence based on retroactive changes in the Sentencing Guidelines for crack cocaine offenses. The district court appointed counsel, who filed Irons’s second § 3582(c)(2) motion. Irons claimed that his sentence should be reduced due to the retroactive application of Amendment 750 to the Sentencing Guidelines, which raised *1189 the minimum amount of the highest base offense level for cocaine base to 8.4 kilograms. See U.S.S.G. § 2D1.1.

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Bluebook (online)
712 F.3d 1185, 2013 WL 1458709, 2013 U.S. App. LEXIS 7289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-frederick-irons-ca7-2013.