United States v. Shy

538 F.3d 933, 2008 WL 3540604
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 15, 2008
Docket06-4011
StatusPublished
Cited by32 cases

This text of 538 F.3d 933 (United States v. Shy) 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. Shy, 538 F.3d 933, 2008 WL 3540604 (8th Cir. 2008).

Opinions

MELLOY, Circuit Judge.

Pamela Gail Shy and Tina Lynn Burton pled guilty under plea agreements with the government to possession of pseudoephed-rine with the knowledge it would be used to manufacture methamphetamine. See 21 U.S.C. § 841(c)(2). After the district court granted each defendant a safety valve reduction, the applicable Guidelines range for each defendant was 37-46 months. For each defendant, the district court varied under 18 U.S.C. § 3553(a) and sentenced the defendant to three years of probation. The government appeals the reasonableness of the sentences.

I. Background

A. Factual Background

On May 6, 2004, St. Louis police officers observed the defendants enter a store and purchase cold and allergy medication. The officers also observed the defendants drive to a different store where Shy purchased more cold medication. The defendants drove away, and the officers stopped and searched the vehicle and found the cold and allergy medication. The medication contained a total of 31.68 grams of pseudoephedrine. The officers believed the pseudoephedrine would have been used to manufacture methamphetamine and arrested the defendants for possession of the cold and allergy medication knowing it would be used to manufacture methamphetamine. No state charges were filed.

On June 15, 2006, a federal grand jury indicted the defendants for the possession of pseudoephedrine, knowing it would be used to manufacture methamphetamine. When Shy was arrested on the indictment, she possessed 4 grams of methamphetamine.

B. Shy’s Sentencing

The parties agreed that Shy qualified for safety valve relief under 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2, and the district court granted a motion for reduction. Shy also sought a § 3553(a) variance. Shy stated that as a single parent, she devoted the past eighteen years of her life to raising her daughter. Her daughter was a straight A student and was graduating that year. Shy expressed hope to see her daughter graduate. While admitting a methamphetamine problem, Shy stated that she had been clean “for the past couple of months.” She emphasized that she took business classes at a college and worked hard to build a new life for herself. Shy also discussed her physical and emotional condition: she had been diagnosed with endometriosis and inflammatory bowel syndrome. She also may have suffered from situational depression from hitting and killing a person in a car accident.

The district court described Shy’s crime as “extremely serious” because Shy contributed to the methamphetamine problem by providing an essential ingredient for the manufacture of methamphetamine. But the district court noted that Shy successfully participated in a drug treatment program and was no longer the same person who committed the crime two years earlier. The district court stated the Guidelines were a “significant factor” in determining a sentence and the applicable Guidelines range was 37-46 months. The district court found that a Guidelines sentence was not reasonable because it was unnecessary to achieve sentencing objectives of deterrence, punishment, and protection of the public. The district court told Shy that “[b]y all indications, what you have done for yourself in the last two years has shown to me that you are capable of cleaning up your act and capable of avoiding that kind of conduct in the fu[936]*936ture.” The district court also stated that Shy did not “pose a threat to the public.” The district court did not mention that Shy possessed methamphetamine when she was arrested under the indictment. After considering these facts, the § 3553(a) factors, the Sentencing Guidelines, and Shy’s health, the district court sentenced Shy to three years of probation.

C. Burton’s Sentencing

The parties agreed that Burton qualified for safety valve relief, and the district court granted a motion for reduction. Burton requested a minor participant reduction under U.S.S.G. § 3B1.2(b), and the government stated that it “would not disagree that [the minor participant reduction] would be a valid consideration for the Court in the relationship of Miss Shy and Miss Burton.” The district court stated that the defendants were “equally culpable” and denied the motion. The government moved for a substantial assistance departure based on an alleged agreement with Burton to do so. But in consideration of the motion, the government contended that Burton did not substantially assist the government. Specifically, the government asserted that, during the two year period between Burton’s arrest and indictment, she stopped participating in and associating with the methamphetamine ring, and thus the government contended the information she provided was stale. The district court agreed that Burton provided no substantial assistance and denied the motion.

Burton also requested a § 3553(a) variance. Burton argued that had the government arrested and charged her in a timely fashion, the information she supplied would have been more relevant and would have constituted substantial assistance. Burton emphasized that she was proactive and cooperated with the government and did not participate in further criminal activity after her original arrest. She claimed she “totally changed [her] life” and “[led] a productive and drug-free life.” She worked with persons with disabilities at the Johnson County Sheltered Workshop, and according to a co-worker, she was “an important person ... in the lives of a lot of people who need[ed] her around.”

The district court stated that Burton “provid[ed] a very essential ingredient” to the manufacture of methamphetamine and was “part of the problem” because the manufacturers would not be able to make the drug without people, such as Burton, willing to accept the risk of arrest for purchasing cold medication from stores. The district court stated that “every sentence ... has to take into account the individual characteristics that that particular defendant may bring or present.” The district court noted that while Burton committed a “very serious” offense, she had never been in jail or prison before. The district court contrasted Burton’s “late in life” involvement with methamphetamine against a lot of people who become involved with methamphetamine at “much younger” ages. Burton impressed the court by how she changed her life around, got help for her drug problem, and helped others through “very valuable and meaningful work that would benefit not only [Burton] financially but other people.” The district court did not think that Burton would relapse into a criminal lifestyle. The district court found that imprisoning Burton would not further sentencing objectives of deterrence, incapacitation, and punishment and that a sentence outside the Guidelines range was reasonable. After considering the § 3553(a) factors and her rehabilitation, the district court sentenced Burton to three years of probation.

II. Discussion

“[A]ppellate review of sentencing decisions is limited to determining whether [937]*937they are ‘reasonable.’ ” Gall v. United States, — U.S.-, 128 S.Ct. 586, 594, 169 L.Ed.2d 445 (2007) (quoting United States v. Booker,

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Bluebook (online)
538 F.3d 933, 2008 WL 3540604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-shy-ca8-2008.