United States v. Karl Bullock

454 F.3d 637, 2006 U.S. App. LEXIS 17994, 2006 WL 1985481
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 18, 2006
Docket05-2655
StatusPublished
Cited by14 cases

This text of 454 F.3d 637 (United States v. Karl Bullock) 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. Karl Bullock, 454 F.3d 637, 2006 U.S. App. LEXIS 17994, 2006 WL 1985481 (7th Cir. 2006).

Opinion

EVANS, Circuit Judge.

After receiving what can best be described as a whopper of a sentence — 1,200 months in a federal prison' — Karl Bullock filed this appeal claiming it was unreasonable. Today, we resolve his appeal.

Bullock pleaded guilty to five counts of distributing heroin. Each count carried a maximum penalty of 20 years. 21 U.S.C. § 841(b)(1)(C). The district court imposed the maximum sentence for each of the counts, stringing them together for a total sentence of 100 years. One hundred years is a long time — one year longer, in fact, than the standard lyrical shorthand for an unimaginably long sentence. 1 Our task, under United States v. Booker, 543 U.S. 220, 261, 125 S.Ct. 738, 160 L.Ed.2d 621 *639 (2005), is to determine whether the sentence is nevertheless reasonable.

Bullock’s arrest came at the tail end of an investigation into drug sales by members of the Gangster Disciples at the Rockwell Gardens housing project in Chicago, particularly the building at 340 S. Western Avenue. As a result of that investigation, more than two dozen people were indicted in the case of United States v. Epps, 02 CR 895 (N.D.Ill.). Bullock would have been indicted along with them, the government tells us, but he was arrested after most of the other defendants had already pleaded guilty. From the statements of some of those defendants, which are included in Bullock’s presentence report, we learn that the Rockwell Gardens operation got off the ground in July 1999 when Richard Epps, a Gangster Disciple “Overseer,” was released from prison. Given responsibility by his gang superiors for drug sales out of the 340 Building, Epps organized a thriving crack-cocaine marketplace. His workers typically dealt around half a kilogram of crack per week, and sometimes that much in a single day.

Bullock, too, was an Overseer in the Gangster Disciples, but he wasn’t directly involved in this crack-dealing scheme. His main territory was a couple of miles to the west, in the neighborhood known as “K-Town” (where all the street names begin with “K” 2 ), and his primary product line was heroin, not crack. But he knew a business opportunity when he saw it, and he noticed that the demand for heroin at Rockwell Gardens was going unmet. So in the summer of 2000, Bullock obtained permission from Epps to deal heroin out of the 340 Building, in exchange for a small licensing fee of around $600 per week. Over the next 8 weeks, with the help of at least four fellow gang members, Bullock sold somewhere around eight kilograms of heroin from this new location.

The material accompanying the presen-tence report is primarily devoted to the extended details of this crack/heroin conspiracy; only a small fraction of its nearly 200 pages touch on Bullock’s own involvement. The PSR also briefly mentions a series of five transactions in the summer of 2002 in which Bullock sold a total of 110 grams of heroin to a government informant in his home base of K-Town. These, then, were the six counts on which Bullock was indicted: one count of conspiring to distribute crack and heroin, and five counts of distributing heroin.

As we said, Bullock pleaded guilty to the five heroin-distribution counts. Although there was no formal plea agreement, the government agreed that it would move at sentencing to dismiss the conspiracy count. The government reserved the right to argue, however, that the entire 340 Building conspiracy was relevant conduct for purposes of calculating Bullock’s advisory sentencing guideline range. See U.S.S.G. § 1B1.3(a)(2). Although Bullock denied that the conspiracy was relevant conduct, the presentence report agreed with the government that the heroin sold in the course of the conspiracy should be included in the guideline analysis. But the PSR also concluded that there was no evidence that Bullock was directly involved in the sale of crack and so omitted those drug quantities from its calculation.

Despite the PSR’s recommendation, the district court adopted the government’s view that the entire conspiracy was relevant conduct and so held Bullock responsible not only for the 110 grams of heroin which he admitted having sold, but also the approximately 8 kilograms of heroin *640 and the more than 1.5 kilograms of crack sold from the 340 Building during the 8 weeks of Bullock’s involvement there. This made an enormous difference in the guideline calculation: 110 grams of heroin corresponds to a base offense level of 26; add 8 kilograms of heroin and you’re at level 34; include more than 1.5 kilograms of crack and you get to level 38. See § 2D 1.1(c). The court added another 2 points based on evidence that Bullock routinely carried a gun while dealing, § 2Dl.l(b), and another 3 points for his being a manager or supervisor in criminal activity involving five or more participants, § 3Bl.l(b). The court considered granting a 2-point reduction for acceptance of responsibility, § 3E1.1(1), but decided not to when Bullock refused to acknowledge his involvement in the 340 Building conspiracy.

That left the offense level at 43. The court calculated a criminal history category of IV, but at level 43 the criminal history category doesn’t matter — the guidelines recommend life across the board. Recognizing the severity of that sentence, the government suggested the court exercise its post-Booker discretion to impose a lower sentence, something on the order of 30 years. But the district judge was not feeling lenient. Stating that he had considered the various sentencing factors given at 18 U.S.C. § 3553(a), he summarized his position: “After considering all the evidence in this case, drug distribution tears into the very fabric of society and results in the death of individuals and destruction of families; and you, Mr. Bullock, have significantly contributed to that.” The 1,200-month sentence followed this observation.

Bullock argues that his 100-year sentence is unreasonable. (He also argues that it violates the Eighth Amendment, but we always avoid addressing a constitutional question if we can. See Rehman v. Gonzales, 441 F.3d 506, 508-09 (7th Cir.2006).) We have said that a sentence within the properly calculated guideline range is presumptively reasonable but that because the guidelines are now trumped by the factors listed in § 3553(a), a defendant can overcome the presumption by showing that his sentence is unreasonable when measured against those factors. See United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir.2005).

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Bluebook (online)
454 F.3d 637, 2006 U.S. App. LEXIS 17994, 2006 WL 1985481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-karl-bullock-ca7-2006.