United States v. Henderson

16 F. App'x 487
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 6, 2001
DocketNo. 00-3723
StatusPublished
Cited by1 cases

This text of 16 F. App'x 487 (United States v. Henderson) 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. Henderson, 16 F. App'x 487 (7th Cir. 2001).

Opinion

ORDER

I.

In June 1998, a grand jury returned a 25-count superseding indictment against Charles Henderson and twelve other defendants. The indictment charged Henderson in Count One with conspiracy to possess with intent to distribute, and to distribute, in excess of 50 grams of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. In February 2000, Henderson was arraigned and pleaded not guilty.

On June 7, 2000, however, Henderson changed his mind and pleaded guilty in the district court to Count One pursuant to a plea agreement. In the plea agreement, Henderson and the government agreed that he faced the statutory penalties of “a mandatory minimum of 10 years’ imprisonment” and a “maximum of life imprisonment.” These penalties are provided under 21 U.S.C. § 841(b)(1)(A), which permits a life sentence if 50 grams or more of cocaine base were involved in the offense. The parties also agreed to recommend to the sentencing court that the government “is able to establish by a preponderance of the. evidence that the drug quantity attributable to the defendant is in excess of 1.5 kilograms of crack cocaine.”

[488]*488During the change of plea colloquy before the district court, Henderson acknowledged under oath that he understood the plea agreement, and that he faced the penalties of a minimum of 10 years’ imprisonment and a maximum of life imprisonment. Henderson also confirmed that he agreed to recommend to the sentencing court that the drug weight, for the purposes of calculating his sentencing guideline range, was in excess of 1.5 kilograms of crack cocaine, that his base offense level would be 38, and that a two-level increase was applicable for possession of firearms during the offense. Moreover, after the district court explained to Henderson the conspiracy charge, Henderson confirmed to the court that he understood that he is responsible for the unlawful acts committed by his fellow conspirators while he was a member of the conspiracy.1

Later on in Henderson’s change of plea hearing, the district court asked the government to proffer its factual basis of its case against Henderson. The government stated that it would establish through the testimony of witnesses that Henderson was involved in a large-scale conspiracy to distribute several kilograms of crack cocaine on a weekly basis. The testimony would also show that in December 1995, Henderson and another member of the conspiracy were arrested in Minneapolis by DEA agents who found Henderson and the other conspirator to be in possession of approximately 19 grams of crack cocaine, two handguns, and drug paraphernalia. According to other witnesses, Henderson agreed to deliver a half-kilogram of crack cocaine to another conspirator to start a drug business in the Milwaukee area. The government stated that the evidence would show that Henderson was also involved in the conspiracy’s operations in the Los Angeles area, where Henderson would procure powder cocaine from sources in Los Angeles, cook the powder into crack cocaine, and then equip couriers with the crack cocaine for delivery to Milwaukee and other cities around the country.

After the government completed its proffer, the district court confirmed that Henderson heard the government’s evidence, and then asked Henderson whether the proffer was “factually accurate insofar as it relates to your activities?” Henderson responded that the proffer was accurate, except that his role in the conspiracy was to carry out the instructions or relay the orders of other conspirators, not to issue the orders himself. Henderson did not deny that he was involved in the conspiracy, nor did he dispute the government’s proffer that the conspiracy involved the production and distribution of several kilograms of crack cocaine.

Subsequent to Henderson’s change of plea hearing, but before his sentencing, the Supreme Court issued Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). “In Apprendi the Court held that factual findings that raise a defendant’s sentence above the statutory maximum for the crime for which he is convicted must be considered elements of the offense rather than sentencing factors, and accordingly must be charged in the indictment and proved at trial beyond a reasonable doubt.” United States v. Mietus, 237 F.3d 866, 874 (7th Cir.2001) (citing Apprendi, 530 U.S. 466, [489]*489120 S.Ct. at 2362-2368). Applying Apprendi to this case, a charge for a cocaine base offense under 21 U.S.C. § 841(a)(1) carries a 20-year maximum sentence if no drug quantity is proven beyond a reasonable doubt. See 21 U.S.C. § 841(b)(1)(C). However, if Henderson is charged under 21 U.S.C. § 841(a)(1), and the government proves beyond a reasonable doubt that his offense involved 50 or more grams of crack cocaine, then Henderson faces up to life imprisonment. See 21 U.S.C. § 841(b)(1)(A). -

The indictment in this case complied with Apprendi because it specified the drug type and quantity (in excess of 50 grams of crack cocaine) of the charge against Henderson, such that the higher penalties of 21 U.S.C. § 841(b)(1)(A) were applicable (10 years to life imprisonment). Additionally, the plea colloquy and plea agreement were consistent with Apprendi in indicating that the maximum penalties for a cocaine base charge alleging in excess of 50 grams of crack cocaine included life imprisonment. But the plea agreement did not specify that the government had to prove the drug quantity beyond a reasonable doubt. Similarly, the district court did not explain to Henderson that the government would have to prove beyond a reasonable doubt that his offense involved over 50 grams of crack cocaine in order to apply the higher penalties under 21 U.S.C. § 841(b)(1)(A).

After Apprendi was issued, but before Henderson’s sentencing, the government filed a motion asking the district court to reopen the change of plea proceeding in light of Apprendi. According to the government, it sought to ensure that there was a sufficient factual basis to support the plea and that Henderson’s plea was knowing and voluntary. Henderson objected, arguing that when he stipulated to the drug quantity in the plea agreement, he did so believing that the government could prove that quantity by a preponderance of the evidence, not beyond a reasonable doubt. Thus, according to Henderson, because the district court did not make a finding as to drug quantity at the plea- hearing, Apprendi

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Bluebook (online)
16 F. App'x 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-henderson-ca7-2001.