United States v. John Halloran

425 F. App'x 429
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 18, 2011
Docket10-5295
StatusUnpublished
Cited by1 cases

This text of 425 F. App'x 429 (United States v. John Halloran) 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. John Halloran, 425 F. App'x 429 (6th Cir. 2011).

Opinion

OPINION

THOMAS B. RUSSELL, Chief District Judge.

Defendant John Halloran appeals the sentence he received after pleading guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), attempting to possess with intent to distribute marijuana in violation of 21 U.S.C. *430 § 841(a)(1) and (b)(1)(D), and possessing a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c). Because Halloran’s sentence was substantively reasonable, we AFFIRM the judgment of the district court.

I. BACKGROUND

On February 1, 2009, a confidential informant working with the Chattanooga Police Department spoke to Defendant-Appellant John Halloran over the phone to arrange a marijuana deal. The following day Halloran agreed to meet the confidential informant at his apartment. Upon his arrival at the confidential informant’s apartment, Halloran met Detective Kim-brough, an undercover officer acting as a drug dealer attempting to sell marijuana. The Chattanooga Police Department recorded the entire encounter.

Halloran said to Detective Kimbrough, “Who got it, you got it?” “You setting me up?” and “Let me see it.” In addition, Halloran took a gun from his jacket pocket and placed it in his pants pocket. The gun later fell out of Halloran’s pocket and lodged between the couch cushions where he was sitting. As soon as Halloran took possession of the marijuana (1,261.9 grams), police officers entered the apartment and arrested him. Following Hallo-ran’s arrest, police officers searched his person and found $1,294 in cash in Hallo-ran’s back pocket. The firearm was recovered from the couch cushions. In addition, Halloran consented to a police search of his home, where the Chattanooga Police Department discovered more marijuana.

On July 14, 2009, a federal grand jury issued a three-count Indictment charging Halloran with (I) possession of a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1); (II) attempt to possess with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D); and (III) possession of a firearm in furtherance of a drug trafficking offense in violation of 18 U.S.C. § 924(c). Halloran’s prior conviction for manufacturing methamphetamine occurred in 2004 when he was 24. He did not serve jail time for that conviction.

Halloran entered a plea of guilty as to all three counts of the Indictment on November 4, 2009, and was sentenced on February 25, 2010. The United States Probation Office prepared a Presentence Investigation Report using the 2009 version of the Sentencing Guidelines. For Counts One and Two, Halloran’s base offense level was 20 because of his prior felony drug conviction. He was granted a three-level reduction for acceptance of responsibility so that his total offense level was 17. A total of 5 criminal history points established a criminal history category of III. Based on his total offense level of 17 and criminal history category of III, the Guidelines range for imprisonment was 30 to 37 months. Halloran was also subject to a mandatory consecutive 60-month sentence under 18 U.S.C. § 924(c) for Count Three, resulting in a Guidelines range of 90 to 97 months.

The district court, in making its determination, noted the advisory nature of the Guidelines and the sentencing goals stated in 18 U.S.C. § 3553(a). The district court then sentenced Halloran to 93 months imprisonment, consisting of 33 months on Counts One and Two and a 60-month mandatory consecutive term on Count Three. The district court also recommended substance abuse treatment for Halloran while incarcerated. Neither party objected to the court’s sentence.

The district court’s judgment as to Hal-loran was entered on March 5, 2010. Hal-loran filed his notice of appeal on March 27, 2010.

*431 II. ANALYSIS

A. Standard of Review

We review a district court’s sentence for procedural and substantive unreasonableness. United States v. Bowers, 615 F.3d 715, 725 (6th Cir.2010) (citing Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007)). Procedural unreasonableness exists where the district court improperly calculated the Guidelines, treated the Guidelines as mandatory, failed to consider the factors set forth in 18 U.S.C. § 3553(a), based the sentence upon clearly erroneous facts, or otherwise failed to provide an adequate explanation for the sentence. Gall, 552 U.S. at 51, 128 S.Ct. 586. A sentence is substantively unreasonable where, considering the totality of the circumstances, “the factors found in § 3553(a), on a whole, do not justify the sentence imposed.” United States v. Coleman, 627 F.3d 205, 210 (6th Cir.2010) (citing Bowers, 615 F.3d at 725). We apply an abuse-of-discretion standard in considering whether a sentence is procedurally or substantively unreasonable. United States v. Griffin, 530 F.3d 433, 439 (6th Cir.2008) (citing Gall, 552 U.S. at 51, 128 S.Ct. 586). A rebuttable presumption of reasonableness applies to a sentence within the Guidelines range. Id. at 439; United States v. Wilms, 495 F.3d 277, 280 (6th Cir .2007).

B. Substantive Reasonableness

Because Halloran does not argue that his sentence was procedurally unreasonable, we review Halloran’s sentence for substantive reasonableness only. United States v. Walls, 546 F.3d 728, 736 (6th Cir.2008). “ ‘A reviewing court will find that a sentence is substantively unreasonable where the district court select[s] the sentence arbitrarily, bas[es] the sentence on impermissible factors, fail[s] to consider pertinent § 3553(a) factors, or giv[es] an unreasonable amount of weight to any pertinent factor.’ ” Griffin, 530 F.3d at 439-40 (quoting United States v. Tate, 516 F.3d 459, 469 (6th Cir.2008)).

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Related

Halloran v. United States
181 L. Ed. 2d 228 (Supreme Court, 2011)

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Bluebook (online)
425 F. App'x 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-halloran-ca6-2011.