United States v. Robertson

40 F. App'x 933
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 17, 2002
DocketNos. 00-6147, 00-6219, 00-6222
StatusPublished
Cited by4 cases

This text of 40 F. App'x 933 (United States v. Robertson) 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. Robertson, 40 F. App'x 933 (6th Cir. 2002).

Opinion

OPINION

CARR, District Judge.

Defendant-appellant Moneedrus Robertson (“Robertson”) appeals his conviction on May 19, 2000, and final judgment of August 17, 2000, finding him guilty of conspiracy to distribute cocaine and cocaine base. Defendant-appellant Cornelius Treon Johnson (“Johnson”) appeals his conviction on May 24, 2000, and final judgment of August 18, 2000, finding him guilty of conspiracy to distribute cocaine and cocaine base. Defendant-appellant Lakisha Murphy (“Murphy”) appeals the sentence of May 23, 2000, for conspiracy to distribute cocaine and cocaine base. For the following reasons, we AFFIRM the convictions and sentences of Robertson and Johnson, and we VACATE Murphy’s sentence and REMAND to the district court.

BACKGROUND

On January 16, 2000, police officers executed a drug search warrant for 255 Lind[935]*935sey Street in Jackson, Tennessee, the residence of Cedric Robertson.1 J.A. at 171-72. While searching the location, the officers found a large amount of cocaine powder in a kitchen trash can and a bag of cocaine base in a utility shed behind the residence. Id. at 179-80. The cocaine weighed 239.6 grams and the cocaine base weighed 127.5 grams. Id. at 217. The officers also found two sets of digital drug scales and $1,125 in cash in a vehicle parked at the location. Id. at 182-83,187-88, 192-94. The officers seized caps, t-shirts, and a sweatshirt with the letters “HCL”2 on them. Id. at 318-20.

Defendants-appellants were indicted on February 14, 2000, for conspiracy to distribute cocaine and cocaine base. Id. at 61-62. Robertson was tried on May 17, 2000, and the jury returned a guilty verdict on May 19, 2000. Id. at 147, 148. On August 15, 2000, the district court held a sentencing hearing and sentenced Robertson to 240 months imprisonment. Id. at 153.

Johnson was tried on May 24, 2000, and the jury returned a guilty verdict on May 26, 2000. Id. at 150-52. On August, 17, 2000, the district court held a sentencing hearing and sentenced Johnson to 151 months imprisonment. Id. at 154.

Murphy entered a guilty plea on May 23, 2000. Id. at 149. On August 22, 2000, the district court held a sentencing hearing and sentenced her to 120 months imprisonment. Id. at 159.

DISCUSSION

I. Moneedrus Robertson

Robertson makes two arguments: 1) his prior two felony convictions should have been consolidated for sentencing purposes; and 2) there was insufficient evidence to support a guilty verdict for conspiracy to distribute cocaine and cocaine base.

A. Effect of Prior Convictions

In determining the defendant’s criminal history, this court reviews a district court’s factual finding that a defendant’s prior convictions had not been consolidated for sentencing under a clearly erroneous standard. United States v. Odom, 199 F.3d 321, 323 (6th Cir.1999) (citing United States v. McAdams, 25 F.3d 370, 374 (6th Cir.1994)). “[W]e accord the district court ‘due deference’ [when] we ... review[ ] not just factual findings but the district court’s application of these findings to the guidelines.” Id. (citing 18 U.S.C. § 3742(e)).

A defendant is a career offender, and therefore subject to higher sentencing, if: “(1) he or she was at least 18 years old at the time of the instant offense, (2) the instant offense is a felony that is either a crime of violence or one involving a controlled substance, and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.” United States v. Coleman, 964 F.2d 564, 565-66 (6th Cir.1992) (citing United States Sentencing Guidelines Manual § 4B1.1) (footnote omitted). A court must treat prior convictions in related cases as one conviction when determining whether a defendant is a career offender. Id. (citing United States Sentencing Guidelines Manual § 4B1.2, cmt.; United States Sentencing Guidelines Manual § 4A1.2(2)). Related cases include cases that: “(1) occurred on a single [936]*936occasion, (2) were part of a single common plan or scheme, or (3) were consolidated for sentencing.” Id. (citing United States Sentencing Guidelines Manual § 4A1.2, emt.).

Robertson had two prior felony convictions in a state criminal court. The district court determined that these two prior convictions had not been consolidated for sentencing, thereby increasing Robertson’s criminal history points to eight instead of six and ultimately increasing Robertson’s sentencing range. Robertson contends the district court erred in finding the sentences had not been consolidated because the two prior felony cases were combined for sentencing by the state criminal court.

The government contends that the district court did not err in finding Robertson’s prior convictions had not been consolidated for sentencing because “the only thing that Robertson’s prior felony convictions had in common was that the sentences were [sic] run concurrent with one another and he was sentenced for them on the same day.” Consol. Final Br. for the United States at 32.

Some of the factors that may indicate two cases were related or consolidated for sentencing include: 1) announcement of final judgment in both cases on the same day; 2) an express or implicit order by the trial court consolidating the cases; 3) combined criminal complaints and indictments; 4) the same case numbers; 5) the same victims; 6) a single common plan or scheme; and 7) a short time period in which the crimes were committed. Coleman, 964 F.2d at 566; Odom, 199 F.3d at 324.

Robertson’s only bases for arguing the prior felony cases were consolidated are the facts that he was sentenced for both at the same time and the sentences ran concurrently.

These factors alone, however, do not mean the cases were consolidated. As the district court correctly noted, “[W]e had two separate victims on two separate dates on two separate crimes. The only thing they had in common was that they got sentenced on the same day and that the two sentences were to run concurrently with each other.” J.A. at 453. There was no state court consolidation order and the two crimes had different indictments. Id. at 548-52. The district court properly held that Robertson’s prior felony sentences had not been consolidated for sentencing.

B. Sufficiency of the Evidence

In reviewing a sufficiency of the evidence claim, this court must determine whether, after viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Jones, 102 F.3d 804, 807 (6th Cir.1996). This court gives the government the benefit of all reasonable inferences and will not weigh independently the evidence. United States v. McGahee, 257 F.3d 520, 526 (6th Cir.2001) (citing United States v. Welch,

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Related

Phillips v. United States
238 F. App'x 89 (Sixth Circuit, 2007)
Murphy v. United States
537 U.S. 1166 (Supreme Court, 2003)

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Bluebook (online)
40 F. App'x 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robertson-ca6-2002.