United States v. Paczan

229 F. App'x 100
CourtCourt of Appeals for the Third Circuit
DecidedApril 24, 2007
Docket06-2106
StatusUnpublished

This text of 229 F. App'x 100 (United States v. Paczan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Paczan, 229 F. App'x 100 (3d Cir. 2007).

Opinion

OPINION

HANSEN, Circuit Judge.

In this direct criminal appeal, Jennifer Paczan challenges the District Court’s denial of her ex parte application for authorization of expert and investigative services pursuant to 18 U.S.C. § 3006A(e)(l), and appeals her sentence as unreasonable. Because this is a nonprecedential opinion and we write only for the benefit of the parties, our factual recitation is brief.

A grand jury returned a three-count indictment against Paczan, charging one count of conspiracy to manufacture less than five grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and *102 (b)(1)(C); one count of possession of acetone with intent to manufacture methamphetamine, in violation of 21 U.S.C. § 841(c)(1); and one count of possession of equipment, chemicals, products, and materials with intent to manufacture methamphetamine, in violation of 21 U.S.C. § 843(a)(6) and (d)(2). The evidence at trial established that Paczan was involved in a methamphetamine manufacturing conspiracy from December 2004 through February 2005.

In February 2005, law enforcement authorities executed a search warrant at an apartment occupied by Christopher Burk-holder and Gene Luff, after receiving information that they were operating a methamphetamine laboratory from their third-floor apartment. During the search, Burkholder advised the law enforcement officers of another methamphetamine laboratory operated on the second floor of the same building in an apartment occupied by Lance Baird and Jennifer Paczan, with whom he had shared methamphetamine and offered advice on manufacturing methamphetamine. When questioned, Baird denied the allegations and consented to a search of the apartment he shared with Paczan.

Burkholder advised the officers to search under the kitchen sink, above the refrigerator, and in a closet of Baird and Paczan’s apartment, where he had seen them store their methamphetamine manufacturing apparatus. Agents seized numerous ingredients and materials used in the manufacture of methamphetamine from these locations, including Red Devil lye, acetone, denatured alcohol, lab-grade iodine, mason jars, empty pill capsules, a plastic container holding a white paper towel and gray sludge, razor blades, cut straws, weighing dishes, filters, tubing, pH strips, and a turkey baster. They also found an expensive hot plate and digital scale that belonged to Carlow University, where Paczan had been a biology student. The inventory stickers indicating Carlow’s ownership of the equipment had been partially scraped off.

Chemical analysis revealed the presence of substances consistent with the production of methamphetamine. A computer forensics special agent examined the computer hardware on Paczan’s laptop computer and found multiple files containing information downloaded from the Internet related to the manufacture of methamphetamine.

Paczan offered innocent explanations for the presence of the methamphetamine manufacturing chemicals and paraphernalia found in her apartment. The Red Devil lye was used for plumbing problems in the bathroom, the gallon can of acetone was used to remove acrylic fingernails, the pH paper, weighing dishes, and tubing were together in a box in the closet because of a lack of kitchen drawers and they were used to care for the fish tanks, and she used the gallon can of denatured alcohol to clean up pet odors. Paczan testified that she did not steal the hot plate and digital scale from Carlow University but borrowed them for a school project and to make candles. She testified that Baird was using the cut straws and razor blades to crush and snort his prescription medication. As to the information found on her computer, she testified that the third-floor neighbors, Burkholder and Luff, had each taken her computer for a couple of days on two separate occasions to repair the wireless card which was not working. She denied knowing that they had been involved in manufacturing methamphetamine.

Paczan moved for and received a continuance of trial from November 15, 2005, to November 28, 2005, to consult with experts regarding the government’s chemical anal *103 ysis and computer forensic evidence. Following trial, the jury returned guilty verdicts against Paczan on all three counts. Paczan then moved for a new trial, asserting that she was deprived of a fair trial by the District Court’s denial of her ex parte application for expert witness fees pursuant to 18 U.S.C. § 3006A(e)(l). The District Court denied the motion for a new trial.

At sentencing, the District Court grouped the three counts pursuant to United States Sentencing Guidelines Manual (USSG) § 3D1.2(b) (2005), and applied a two-level adjustment pursuant to USSG § 2D1.12(b)(l). The resulting adjusted base offense level of 14, together with a criminal history category of IV, produced an advisory Guidelines sentencing range of 27 to 33 months. The District Court denied Paczan’s request for a downward departure, see USSG § 4A1.3(b), concluding that her criminal history category did not substantially over represent the seriousness of her criminal history. Ultimately, the District Court imposed a sentence of 33 months of imprisonment, which is the high end of the advisory Guidelines range.

Paczan appeals the denial of her ex parte application for authorization of expert and investigative services under § 3006A(e)(l) and appeals her sentence as unreasonable.

I.

The District Court had jurisdiction pursuant to 18 U.S.C. § 3231. We exercise jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a).

“The decision to grant or deny a motion under section 3006A(e) is one committed to the discretion of the district court, and a district court’s decision will be disturbed on appeal only if it constitutes an abuse of discretion.” United, States v. Roman, 121 F.3d 136, 143 (3d Cir.1997), cert. denied, 522 U.S. 1061, 118 S.Ct. 722, 139 L.Ed.2d 662 (1998). We review a District Court’s imposition of a criminal sentence for reasonableness. United States v. Booker, 543 U.S. 220, 261, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). A defendant challenging a sentence as unreasonable bears the burden of establishing unreasonableness. United States v. Cooper, 437 F.3d 324, 332 (3d Cir.2006).

II.

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Bluebook (online)
229 F. App'x 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-paczan-ca3-2007.