United States v. Michael Patterson

607 F. App'x 537
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 28, 2015
Docket14-5909, 14-5910
StatusUnpublished
Cited by1 cases

This text of 607 F. App'x 537 (United States v. Michael Patterson) 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. Michael Patterson, 607 F. App'x 537 (6th Cir. 2015).

Opinion

ALICE M. BATCHELDER, Circuit Judge.

Defendant Michael Patterson appeals his sentence, resulting from his conviction for distribution of controlled substances. We AFFIRM.

I.

Patterson was a medical doctor with a small, private practice, from which he wrote prescriptions for controlled sub *538 stances, such as oxycodone and hydroco-done. While some of the prescriptions were arguably for legitimate medical purposes, others were not. Specifically, Patterson sold prescriptions to a drug dealer named Christopher Pipkin at a rate of about $2,000 each. 1 To facilitate Pipkin’s business, Patterson would also write prescriptions for others, named by Pipkin, or simply leave the patient name blank so that Pipkin could fill it in himself. Patterson also directed Pipkin to those pharmacies that would accept his prescriptions and, when a pharmacy would call his office to verify the prescription, Patterson would do so. In fact, Patterson would send Pip-kin a “green light” text message at the end of the workday, to notify Pipkin when his office staff had left so that only Patterson was there to answer the phone if the pharmacy should call.

Patterson also wrote illegitimate prescriptions to women in exchange for sex. There were several such women, apparently drug addicted and typically strippers, though at least two eventually came to work for him in his office. Two others of these women overdosed, but the evidence did not link Patterson’s prescriptions directly or exclusively to either of their deaths. Finally, after the state medical board revoked Patterson’s license, Patterson forged prescriptions, either by backdating his own prescription pad (using his own revoked registration number) or by actually forging the signature of his former partner on that doctor’s prescription pad.

When the government eventually caught Patterson, it charged him with dozens of counts in two separate cases, one in Tennessee and the other in Mississippi. Patterson entered guilty pleas, pursuant to plea agreements, on three counts: distribution of a controlled substance (oxyco-done) in violation of 21 U.S.C. § 841(a)(1); distribution of a controlled substance (hy-drocodone) in violation of § 841(a)(1); and use of a revoked registration number to dispense a controlled substance, in violation of § 843(a)(2). , The government dismissed all other counts. Patterson agreed to a transfer of the Mississippi case to Tennessee for consolidated sentencing.

At sentencing, the government proved a drug quantity of 655 grams of Schedule II narcotics, which was 4,388 kilograms of marijuana equivalent, for a base offense level of 34. Because Patterson wrote prescriptions for more than five people to facilitate Pipkin’s pharmacy purchases and, alternatively, because Patterson was trading prescriptions to at least five women for sex, the government proved a 4-level increase was due for his role as an organizer or leader. The government also agreed to a 3-level reduction for Patterson’s acceptance of responsibility, bringing his total offense level to 35. Despite his relevant and somewhat extensive criminal history, Patterson’s criminal history score was 0, for Category I, mostly because his prior crimes had “aged out.” This produced an advisory guideline range of 168 to 210 months in prison. The government sought an upward variance (arguing that Patterson had preyed on vulnerable women, feeding their addiction for his own sexual gratification, and had shown no remorse or repentance), whereas defense counsel argued for a within-guidelines sentence (arguing Patterson’s cooperation with the prosecution, his age, and his phys *539 ical illness or infirmity). 2

The court thoroughly considered the arguments, the § 3553 factors, and the voluminous evidence produced at the three days of sentencing hearings. The court also considered whether consecutive sentences might be appropriate, ultimately deciding on concurrent. Finally, the court determined that a sentence of 16 years (192 months) best fit the crime and circumstances.

On the Bostic inquiry, defense counsel raised one objection: that the government failed to prove the drug quantity because it failed to prove by a preponderance of the evidence that all of the prescriptions used to tabulate the drug quantity had been written for illegitimate purposes. In answer, the court cited Pipkin’s testimony that Patterson had written those prescriptions to Pipkin’s purchasers for illegitimate purchases; found Pipkin very credible and, conversely, found Patterson not credible or reliable; and, therefore, held that the government had proven both the illegitimacy of the prescriptions and the drug quantity by a preponderance of the evidence.

Patterson now appeals, challenging the procedural reasonableness of his sentence. Patterson contends the district court calculated his advisory guidelines range improperly. While he attempts to frame this as a challenge to the district court’s interpretation of the Guidelines or application of the governing law;, his actual claim is that the government failed to meet its burden of proof on two aspects of the Guidelines calculations: the relevant drug quantity and the applicability of a sentencing enhancement based on Patterson’s role as an organizer or leader.

II.

A challenge to the correctness of the Sentencing Guidelines calculation is a challenge to the. procedural reasonableness of the sentence, which we review for an abuse of discretion. United States v. Johnson, 732 F.3d 577, 580 (6th Cir.2013) (citing Gall v. United States, 552 U.S. 38, 41, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007)). If the district court miscalculates the advisory range, the resulting sentence is procedurally unreasonable. Id. at 581. The determination of the relevant drug quantity is ordinarily a finding of fact but when the precise quantity is uncertain, the district court may estimate so long as its estimate is supported by a preponderance of the evidence. Id. Similarly, the government must prove the applicability of the organizer-or-leader enhancement by a preponderance of the evidence. United States v. Wright, 747 F.3d 399, 412 (6th Cir.2014).

Patterson argues that, regarding the prescriptions the court used to tabulate the relevant drug quantity for his sentencing calculations, the government failed to prove that he did not write those prescriptions for a legitimate medical purpose. If so, then the drug quantity was too high, his guideline calculation was incorrect, and the court sentenced him too harshly. Specifically, he argues.that the district court improperly ignored the medical records and his testimony.

The district court did, largely, ignore the medical records (many of which were unavailable while the rest had been prepared *540 by Patterson).

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Bluebook (online)
607 F. App'x 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-michael-patterson-ca6-2015.