United States v. Mark Young

34 F.3d 500, 1994 U.S. App. LEXIS 24097, 1994 WL 476601
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 2, 1994
Docket93-3551
StatusPublished
Cited by32 cases

This text of 34 F.3d 500 (United States v. Mark Young) 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. Mark Young, 34 F.3d 500, 1994 U.S. App. LEXIS 24097, 1994 WL 476601 (7th Cir. 1994).

Opinions

RIPPLE, Circuit Judge.

In September 1991, Mark Young was convicted of conspiracy to manufacture and distribute marijuana in a quantity in excess of 1,000 plants in violation of 21 U.S.C. § 841(a)(1). He was also convicted of possession with intent to distribute more than 100 kilograms of marijuana in violation of § 841(a)(1). Mr. Young appealed. We affirmed his conviction but reversed the sentence and remanded the case to the district court for resentencing. Mr. Young now appeals his new sentence. For the reasons that follow, we vacate Mr. Young’s sentence and remand to the district court for resen-tencing.

I

BACKGROUND

The facts underlying Mr. Young’s conviction are set forth fully in United States v. Young, 997 F.2d 1204, 1206-07 (7th Cir.1993) (“Young I”). We therefore need not repeat them here. In brief, Mr. Young brokered the sale of approximately 600 to 700 pounds of marijuana that was grown and harvested [502]*502from 12,500 marijuana plants on an Indiana farm. He received for his efforts between $60,000 to $70,000 ($100 per pound).

At his first sentencing proceeding, the district court found Mr. Young responsible for all 12,500 marijuana plants involved in the conspiracy, despite the fact that Mr. Young was not part of the conspiracy at the time the marijuana plants were brought to the farm, grown, and cultivated. The district court based its finding on four points:

1. The defendant joined the conspiracy while the marijuana was being prepared and when the whole quantity was not known. Tr. Sentencing at 28.
2. The defendant undertook the role of primary distributor and undertook the responsibility “to get rid of whatever marijuana was produced from this operation, because he was the distributor.” Id. at 29. He “knew that they were producing marijuana and that his obligation was to sell what they were producing.” Id.
3. The defendant was to receive for this service “a rather substantial commission,” a commission that “reflects his major role in the conspiracy.” Id.
4. The amount that the eo-eonspirators were prepared to deliver every week indicates an ongoing operation. Id. The district court then addressed specifically the fact that the defendant actually brokered only “one batch of marijuana” that weighed approximately 700 pounds and stated emphatically that limiting Mr. Young’s participation in the conspiracy to that amount “understates his involvement in the conspiracy, and certainly understates the scope of his agreement.” Id. at 30.

Young I, 997 F.2d at 1211-12. Based on its finding that Mr. Young was responsible for all 12,500 marijuana plants, the district court applied the mandatory sentencing provision of 21 U.S.C. § 841(b)(l)(A)(vii)1 and sentenced Mr. Young to life imprisonment without release for the conspiracy conviction. On the possession with intent to distribute conviction, the district court sentenced Mr. Young to a concurrent sentence of 405 months. This sentence included a three-level enhancement under U.S.S.G. § 3Bl.l(b) (“Aggravating Role”) for the district court’s finding that Mr. Young served as a manager or supervisor.

In Young I, we affirmed Mr. Young’s conspiracy conviction but reversed the district court’s sentence. We noted that, under United States v. Edwards, 945 F.2d 1387, 1391 (7th Cir.1991), cert. denied, — U.S. —, 112 S.Ct. 1590, 118 L.Ed.2d 308 (1992), a district court must calculate a Sentencing Guidelines offense level based on the quantity of drugs the defendant could have reasonably foreseen to have been part of the conspiracy. We thus concluded in Young I that Edwards applies to statutory mandatory minimum sentences. 997 F.2d at 1210. We held that, “in imposing a sentence for conspiracy under the mandatory provisions of section 841(b), the district court must determine the quantity of drugs that the defendant could have reasonably foreseen.” Id.; accord United States v. Martinez, 987 F.2d 920, 923-26 (2d Cir.1993); United States v. Jones, 965 F.2d 1507, 1517 (8th Cir.), cert. denied, — U.S. -, 113 S.Ct. 346, 121 L.Ed.2d 261 (1992).

We then turned to the district court’s sentence of Mr. Young and its corresponding findings of fact. We concluded that the district court’s determination that Mr. Young was responsible for 12,500 marijuana plants lacked “support in ‘the evidence before the court.’ ” Young I, 997 F.2d at 1212 (quoting Edwards, 945 F.2d at 1399). We stated:

Neither the district court nor the parties in their submissions to us indicate how the record supports the inference, central to the district court’s determination, that Mr. Young had any reason to know that the conspiracy involved more than the amount of marijuana he actually brokered.

Id. Although the record demonstrated that Mr. Young had been advised that the marijuana farm’s production rate would be 100 [503]*503pounds per week, there was nothing in the record concerning the ultimate duration of the production beyond the 600 to 700 pounds he initially was asked to broker. As a result, we remanded the case to the district court for resentencing; we expressly noted that additional evidence of Mr. Young’s knowledge and activities might be necessary. We also stated that the district court would have to revisit on remand its determination that Mr. Young was a manager or supervisor because its analysis on the issue explicitly relied on its findings with respect to the quantity of marijuana for which it found Mr. Young responsible.

At the resentencing hearing on remand, the government called Claude Atkinson as its only witness. Atkinson and Earnest Montgomery had been the founding members of the conspiracy to grow, cultivate, and sell marijuana of which Mr. Young was convicted of being a member. See United States v. Atkinson, 979 F.2d 1219 (7th Cir.1992), aff'd on appeal from remand, 15 F.3d 715 (7th Cir.1994). Atkinson testified that, although he was sure that Mr. Young had been informed that there were other buyers for the marijuana in addition to Mr. Young’s buyers, he could not recall whether Mr. Young had been informed as to how much marijuana those buyers would receive. Atkinson also estimated that, under optimum conditions, a marijuana plant on his farm would yield .25 pounds of marijuana.2 On cross-examination, Atkinson conceded that Mr. Young had been informed only that other buyers were purchasing “very small quantities.” Sent. Tr. 32. He also stated that Mr. Young had not been involved in growing and cultivating the marijuana, and that he did not know whether Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Lopez
655 F. Supp. 2d 720 (E.D. Kentucky, 2009)
United States v. Jackson C. O'dell, III
320 F.3d 674 (Sixth Circuit, 2003)
United States v. Carlos Gallo-Vasquez, Cross-Appellee
284 F.3d 780 (Seventh Circuit, 2002)
United States v. Joseph Richards
198 F.3d 1029 (Seventh Circuit, 2000)
United States v. David Vargas
116 F.3d 195 (Seventh Circuit, 1997)
United States v. William R. Hall
101 F.3d 1174 (Seventh Circuit, 1996)
United States v. Paul Silvers
84 F.3d 1317 (Tenth Circuit, 1996)
United States v. Silvers
Tenth Circuit, 1996
United States v. Joseph C. Tardieff
83 F.3d 424 (Seventh Circuit, 1996)
United States v. Tunji Akinrinade
61 F.3d 1279 (Seventh Circuit, 1995)
United States v. Joseph A. Mazanetz
61 F.3d 906 (Seventh Circuit, 1995)
United States v. Charles R. Michalek
54 F.3d 325 (Seventh Circuit, 1995)
United States v. Nathaniel Beverly, Jr.
56 F.3d 67 (Seventh Circuit, 1995)
United States v. Shields
49 F.3d 707 (Eleventh Circuit, 1995)
United States v. Bradley Hardy, Jr.
52 F.3d 147 (Seventh Circuit, 1995)
United States v. Joseph D. Fones
51 F.3d 663 (Seventh Circuit, 1995)
United States v. Manuel Marquez
48 F.3d 243 (Seventh Circuit, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
34 F.3d 500, 1994 U.S. App. LEXIS 24097, 1994 WL 476601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mark-young-ca7-1994.