United States v. Randy Irlmeier

750 F.3d 759
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 28, 2014
Docket13-1719, 13-1822
StatusPublished
Cited by24 cases

This text of 750 F.3d 759 (United States v. Randy Irlmeier) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Randy Irlmeier, 750 F.3d 759 (8th Cir. 2014).

Opinions

SMITH, Circuit Judge.

Randy and Paul Irlmeier each pleaded guilty to one count of conspiracy to manu[761]*761facture at least 100 marijuana plants, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(B)(vii). The district court1 sentenced both defendants to 60 months’ imprisonment — the mandatory minimum. The district court determined that their sentences warranted an aggravating role enhancement pursuant to U.S.S.G. § 3B1.1, which precluded them from obtaining safety-valve relief under 18 U.S.C. § 3553(f).

On appeal, the Irlmeiers aver that the district court erred in imposing the aggravating role enhancement to preclude safety-valve relief. They contend that the enhancement should not apply where the activities of their coconspirators were purely voluntary and done absent the Irlmeiers’ directions or instructions. Furthermore, the Irlmeiers contend that they should not be viewed as having an elevated or aggravating role in the offense because their coconspirators’ activities were so minimal. We affirm.

I. Background

In October 2010, the Iowa Division of Narcotics Enforcement and the Audubon County Sheriffs Department executed a search warrant at Randy Irlmeier’s (“Randy”) farm in Coon Rapids, Iowa. Officers discovered a marijuana-grow operation. Officers found marijuana plants, an elaborate lighting and ventilation system, a calendar used to track the plants’ growth, and tools and supplies used to cultivate the plants. Officers also found an outbuilding on the property that served as a drying room for the marijuana. In total, authorities seized almost 13 kilograms of marijuana from Randy’s farm.

When interviewed, Randy identified his nephew, Paul Irlmeier (“Paul”), as someone who assisted him with the marijuana-grow operation. Thus, officers obtained a search warrant for Paul’s farm in Audubon, Iowa, later that same day. Officers found over 116 grams of marijuana on the property.

Randy and Paul were charged with (1) conspiracy to manufacture at least 1,000 marijuana plants, in violation of 21 U.S.C. §§ 846 and 841(b)(l)(A)(vii); (2) conspiracy to distribute at least 100 kilograms of marijuana, in violation of 21 U.S.C. §§ 846 and 841(b)(l)(B)(vii); and (3) manufacturing at least 50 marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), as well as 18 U.S.C. § 2. Both Randy and Paul pleaded guilty to conspiracy to manufacture at least 100 marijuana plants, in violation of 21 U.S.C. §§ 846 and 841(b)(l)(B)(vii). The statutory mandatory minimum for this offense is 60 months’ imprisonment. See 21 U.S.C. § 841(b)(1)(B). The government dropped the remaining counts.

Both of their presentence reports (PSRs) recommended a total offense level of 23 and a criminal history category of I. Included in the calculation of each offense level was a four-level enhancement under U.S.S.G. § 3Bl.l(a) for being an organizer or leader of criminal activity. Most importantly, this enhancement precluded both defendants from receiving statutory safety-valve relief. As a result, the PSRs calculated their Guidelines ranges to be 46-57 months. Because the mandatory minimum is 60 months, the Guidelines recommendation became 60 months. See U.S.S.G. § 5Gl.l(b).

Randy and Paul objected to the PSRs’ determination that they were leaders or organizers of this criminal activity. Randy [762]*762contended that the role “enhancement [was] inapplicable and entirely unsupported by the facts of this case. Randy Irlmeier never directed or recruited anyone as an accomplice or co-conspirator.” Paul argued that he never directed anyone to water marijuana plants. He asserted more generally that there existed no “factual basis for a finding of a role enhancement.”

The district court conducted a two-day,2 joint sentencing hearing. The government presented seven witnesses to support the PSRs’ application of the aggravating role enhancement. After receiving these testimonies, the district court concluded:

Having considered all of the evidence and the issue of whether or not an enhancement under 3B1.1 of the guidelines applies, the court recognizes that the amount of that enhancement is somewhat immaterial' — -well, it’s not somewhat immaterial; it’s completely immaterial, frankly, to the situation of this case because if the court finds there’s an enhancement, it means that safety valves aren’t going to apply.
And so while it seems to me that based upon a preponderance of the evidence and the state of the law — I certainly understand the arguments counsel have been making. It seems to me that they are policy arguments that are somewhat beyond this court’s responsibility to apply the law as I understand it based upon the facts that I have and judging those facts at a level of the preponderance of the evidence. I believe that a role enhancement at some level is supported by the record in this case. I think it is more likely a three-level, rather than a four-level enhancement; but as indicated that really doesn’t become material under the circumstances of this case.
The court finds that the enhancement does apply. That means under the circumstances ... this case would present for both defendants at an offense level 23, with a criminal history category of I. That generates a guideline range of 46 to 57 months, but in the absence of relief from the mandatory minimum, both defendants are looking at a mandatory minimum of 60 months, which becomes the guideline range.

The district court then sentenced both defendants to the mandatory minimum of 60 months’ imprisonment.

II. Discussion

On appeal, both Randy and Paul dispute the district court’s application of the aggravating role enhancement. “The district court’s factual findings, including its determination of a defendant’s role in the offense, are reviewed for clear error, while its application of the guidelines to the facts is reviewed de novo.” United, States v. Gaines, 639 F.3d 423, 427-28 (8th Cir.2011) (quotations and citations omitted).

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Bluebook (online)
750 F.3d 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-randy-irlmeier-ca8-2014.