United States v. Rainey

404 F. App'x 46
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 8, 2010
DocketNos. 09-2834, 09-2854, 09-2912, 09-3565, 09-3589
StatusPublished
Cited by4 cases

This text of 404 F. App'x 46 (United States v. Rainey) 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. Rainey, 404 F. App'x 46 (7th Cir. 2010).

Opinion

ORDER

The appellants in these cases all pled guilty pursuant to written plea agreements to conspiracy to possess cocaine base with intent to distribute and to distribute cocaine base, in violation of 21 U.S.C. § 846, from January 1, 2001 through September 2008 in and around the St. Croix reservation in northern Wisconsin. The appellants raise joint issues and individual issues in challenging their sentences. We have consolidated them appeals.

Jointly, the appellants argue that the sentencing court did not take into account the disparate treatment of powder cocaine and crack cocaine offenses under the Sentencing Guidelines when they were sentenced within (or in one case, slightly below) the advisory guideline ranges. All of the appellants except Andrew Sonnenberg also argue that the sentencing court did not adequately consider the 18 U.S.C. § 3553(a) factors and insufficiently explained its reasoning for imposing within-guidelines sentences. We disagree on both of these issues and affirm the district court on these bases.

In addition, Margrette Cobb raises individual issues on appeal. She challenges her conviction based on the court’s admission of statements she made to law enforcement officers and challenges her sentence because she believes that her criminal history category over-represented the seriousness of her prior conviction. On those issues, we disagree and affirm the district court’s decision. By separate published opinion today, we remand the sentence of co-conspirator Bruce Sonnenberg for resentencing.

Factual Background

On October 22, 2008, a grand jury issued a thirteen-count indictment charging the appellants as members of a conspiracy to purchase crack cocaine, usually in Minneapolis and St. Paul, Minnesota; to transport the cocaine to northern Wisconsin; and to sell the cocaine to individuals in St. Croix. These five appellants, most of whom are family members, lived in and around St. Croix. Jean Sonnenberg was the leader of what was otherwise a “flat conspiracy,” one with no hierarchy, of family members and friends. She was responsible for orchestrating the purchases and transportation of the crack cocaine and she involved most of her children, including minor children, in her drug trafficking activities. The other appellants are: Bruce and Jean Sonnenberg’s son, Andrew Sonnenberg; Bruce Rainey and George Rainey, Jean Sonnenberg’s children from a previous marriage; and Margrette Cobb, George Rainey’s partner at the time of the conspiracy.

The appellants were sentenced in July and October 2009. Based on controlled drug buys, the drug amount included in each of the presentence reports was at least 1.5 kilograms of crack cocaine, but not more than 4.5 kilograms of crack cocaine, and the offense conduct described in each of the presentence reports was identical. There was some variation in the appellants’ criminal histories. All of the appellants argued for below-guideline mandatory minimum sentences of 120 months. Each of the sentencing memoranda, with the exception of George Rainey’s, asked the court to consider the defendant’s personal history and characteristics and remorse for his or her ac[49]*49tions. All of the appellants, with the exception of Andrew Sonnenberg, asked the district court to take into account the disparity in the length of sentences for crack cocaine and powder cocaine offenses.

Procedural History and Standard of Review

When sentencing after United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the sentencing court must first calculate the advisory sentencing guideline range and then “must apply the criteria set forth in [18 U.S.C.] § 3553(a) to the facts and circumstances of the defendant’s particular case.” United States v. Bush, 523 F.3d 727, 729 (7th Cir.2008); United States v. Omole, 523 F.3d 691, 697.

The district court ultimately sentenced all of the appellants within or below the respective advisory sentencing guideline ranges. In reviewing a district court’s sentencing decisions, we engage in a two-step process. We first evaluate whether the sentencing court committed a procedural error, and then we consider the substantive reasonableness of the sentence. See United States v. Hall, 608 F.3d 340, 346 (7th Cir.2010), citing Omole, 523 F.3d at 697-98 (7th Cir.2008). Procedural error is a legal question reviewed de novo. See United States v. Pape, 601 F.3d 743, 746 (7th Cir.2010), citing United States v. Smith, 562 F.3d 866, 872 (7th Cir.2009). Reasonableness of a sentence is reviewed under an abuse-of-discretion standard. See United States v. Poetz, 582 F.3d 835, 837 (7th Cir.2009), citing Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

At the sentencing hearings, the parties agreed that the sentencing guidelines were correctly calculated for all of these appellants. Because the sentences were all within or below the properly calculated guidelines range, they are presumed reasonable on appeal by the defendant. See Rita v. United States, 551 U.S. 338, 347, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007); Poetz, 582 F.3d at 837, citing United States v. Liddell, 543 F.3d 877, 885 (7th Cir.2008).

We first turn to two joint issues, whether the court failed to consider properly (1) the disparity of crack cocaine and powder cocaine sentences under the sentencing guidelines and (2) the other factors applicable under 18 U.S.C. § 3553(a).

Analysis

I. The Crack/Powder Sentencing Disparity

The appellants argue that the district court erred procedurally and substantively when it chose not to treat the differences in crack and powder sentences as a mitigating factor, particularly when such sentences are measured against factors set forth in 18 U.S.C. § 3553(a). This argument is not persuasive. Under Booker, district courts are entitled to vary from the sentencing guidelines for crack cocaine and powder cocaine based on a policy disagreement with the guidelines. Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007); Spears v. United States, 555 U.S. 261, 129 S.Ct. 840, 844, 172 L.Ed.2d 596 (2009). But district courts are not required to disagree with the guidelines and accept a defendant’s argument that sentences for crack cocaine and powder cocaine should be on par. See United States v.

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Related

State v. Brandon
345 Conn. 702 (Supreme Court of Connecticut, 2022)
Rainey v. United States
179 L. Ed. 2d 917 (Supreme Court, 2011)
Cobb v. United States
179 L. Ed. 2d 335 (Supreme Court, 2011)

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Bluebook (online)
404 F. App'x 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rainey-ca7-2010.