United States v. James Crews

417 F. App'x 450
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 28, 2011
Docket09-2402
StatusUnpublished
Cited by1 cases

This text of 417 F. App'x 450 (United States v. James Crews) 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. James Crews, 417 F. App'x 450 (6th Cir. 2011).

Opinion

CLAY, Circuit Judge.

Defendant James Lee Crews appeals the reasonableness of his 72 month sentence imposed by the district court for knowingly possessing with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. § 841, and knowingly conspiring to possess with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. § § 841 and 846. For the reasons stated below, we AFFIRM Defendant’s sentence.

STATEMENT OF FACTS

On January 8, 2007, Michigan State Police officers arranged to buy two ounces of crack cocaine at a motel in Flint, Michigan from Samuel Sharon Upchurch, Defendant Crews’ co-defendant in this case. Defendant and Upchurch arrived at the motel together, and proceeded to the motel room where the controlled buy was scheduled to take place. After Defendant and Up-church arrived at the designated motel room, police officers searched Defendant and Upchurch. The police found 45.34 *452 grams of cocaine on Defendant’s person, which Defendant had offered to sell to the police.

On April 18, 2007, a federal grand jury returned an indictment against Defendant Crews and Upchurch. The indictment charged Defendant with one count of knowingly possessing with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. § 841, and one count of knowingly conspiring to possess with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. §§ 841 and 846.

Initially, Defendant pled guilty to knowingly possessing with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. § 841 on January 30, 2009, pursuant to a Rule 11 plea agreement. Subsequently, Defendant breached the plea agreement, and the government moved for its withdrawal. Defendant’s counsel agreed to withdrawal of the plea agreement, and on May 29, 2009 the district judge granted the government’s motion to withdraw. Defendant did not, however, withdraw his guilty plea as to this count. On September 4, 2009, Defendant also pled guilty to knowingly conspiring to possess with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. §§ 841 and 846.

The Presentence Report (“PSR”) calculated Defendant’s offense level at twenty-five and Defendant’s criminal history category at III, producing an advisory guidelines range of 70 to 87 months of incarceration. Neither party objected to the PSR’s calculations. However, Defendant filed a motion requesting that the district court depart downward from the guidelines range, arguing that Defendant’s criminal history category of III overstated the significance of Defendant’s criminal history.

The district court sentenced Defendant on October 16, 2009. After the parties explained their sentencing requests, the district judge stated that he was “going to impose a sentence sufficient but not greater than necessary to comply with the purposes set forth in 18 U.S.C. § 3553(a).” (R.59, Tr. of Sentencing at 19.) Specifically, the district court explained:

The Court has considered the nature of the circumstances of the offense. I saw the crack cocaine. It was a significant amount of crack cocaine that you were dealing.... You were found to be in possession of 45.34 grams of crack cocaine and of course 5.3 grams of marijuana was found in the car. So it is a serious offense. Considering your history and characteristics.... You’re going to be 25 in another month. I noted that your parents were married. Your mother eventually re-married, you were raised by your step-father. You didn’t have any contact with your natural father .... I noted that you have a history of depression. You have substance abuse issues with alcohol and marijuana which I will deal with later in the sentence I impose. You have a ninth grade education. You have no vocational skills and let’s turn to your employment.... I’m trying to figure out how you supported yourself the last seven or eight years. I know you were — clearly know you were dealing drugs, but outside of dealing drugs I’m wondering how you supported yourself.... I don’t see where you have a real good work history at all. It’s just the opposite, which makes me wonder how you supported yourself all these years. I have considered your history and your characteristics. I have considered the need for the sentence imposed to reflect the seriousness of the offense. Now, for about fourteen years ... I’ve been dealing in cases involving crack and powder co *453 caine. Crack cocaine is much more addictive, much more serious than powder cocaine. People that use crack cocaine [have] a much, much higher rate of addiction where they just can’t make the break after using it the first time they take it. So — and we know you were found with a substantial amount of crack cocaine and we know what crack cocaine does to people, it destroys lives, it destroys families. So this is a serious offense. You were dealing crack cocaine. Not a little bit of crack cocaine, you were not sitting on a corner dealing a little bit of crack cocaine, you had a lot of crack cocaine----[F]rom where I sit today, I’m certainly not comfortable saying that when you get done with your term of incarceration that you will not ... go back and continue to commit crimes and continue to deal drugs.

(Id. at 19-22.)

After laying out its perception of Defendant and his offense, the district court discussed the statutory requirements in imposing Defendant’s sentence.

The Court has considered the kinds of sentences available, in fact, the guidelines are correctly scored at 70-87 months.... [T]he Court has considered the kinds of sentences available and the sentencing range of the guidelines that are of course advisory. The Court has considered the need to avoid unwarranted sentencing disparities, amongst defendants with similar records, so the Court has considered all factors under 18 U.S.C. Section 3553(a) in imposing the sentence.

(Id. at 22.)

Finally, the district court discussed Defendant’s sentence in light of his individual characteristics. The district court stated,

So, who do I have in front of me? I have an individual with minimal contacts in the community. I have an individual with a sketchy — sketchy employment history. I have an individual who has not taken any steps that I’ve seen to better himself and better society. I have an individual who deals crack cocaine ... and I have an individual who has been convicted of counts three and four.... For [those] convictions ...

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417 F. App'x 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-james-crews-ca6-2011.