United States v. Springs

105 F. App'x 811
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 4, 2004
DocketNos. 03-6473, 02-6474, 02-6475
StatusPublished
Cited by8 cases

This text of 105 F. App'x 811 (United States v. Springs) 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. Springs, 105 F. App'x 811 (6th Cir. 2004).

Opinion

SUTTON, Circuit Judge.

Edward Springs, Jason Joyner and Elisha Bledsoe participated in a marijuana-distribution conspiracy along with 11 other co-defendants. After police uncovered the operation, Springs and Joyner pleaded guilty to conspiring to distribute drugs in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B) and 846, and Springs, Joyner and Bledsoe pleaded guilty to conspiring to launder money in violation of 18 U.S.C. § 1956(h). On appeal, all three defendants challenge their sentences on a variety of grounds. We affirm.

I.

In the mid-1990s, a group of individuals belonging to Los Angeles’s Crip gang relocated to Chattanooga, Tennessee to establish a drug-distribution scheme. They obtained the drugs from California, distributed them locally, then sent the proceeds to their Los Angeles sources by Western Union wire transfers. Over the course of the conspiracy, more than 1,000 pounds of marijuana were sent to Chattanooga from Los Angeles, and more than $500,000 in cash was wired back to Los Angeles. Springs, Joyner and Bledsoe were all involved in the Chattanooga distribution network, and they each acknowledged their involvement in the scheme through their respective plea agreements.

Springs admitted to operating a marijuana-distribution business in Chattanooga and utilizing others to help him receive, store and distribute the marijuana. He also stipulated to (1) conspiring to distribute at least 100 kilograms of marijuana, (2) personally wiring the drug proceeds to Bryan Miller of Los Angeles and (3) recruiting others to wire money to California on several occasions. At sentencing, Springs challenged the amount of drugs attributed to him, the amount of laundered money for which he was held responsible and the recommended enhancement for his role in the offense, all of which the district court denied. The district court imposed a 160-month sentence followed by eight years of supervised release.

In connection with the plea agreement, Joyner admitted that he (1) accepted packages containing marijuana, (2) repackaged the marijuana for sale and (3) collected money for the marijuana and wired the proceeds to California. Like Springs, he stipulated to conspiring to distribute at least 100 kilograms of marijuana and recruiting others to help him with various tasks, including wiring money to Califor[814]*814nia. Joyner also acknowledged that he used false names in connection with several wire transfers and drug shipments to conceal their true purposes. At sentencing, Joyner raised objections to the amount of drugs and wire transfers attributed to him, both of which the district court denied. The district court imposed a 72-month sentence followed by four years of supervised release.

Bledsoe acknowledged that she (1) was married to Los Angeles drug source Bryan Miller and (2) helped arrange, send and receive cash through Western Union to facilitate sales of the marijuana. At sentencing, Bledsoe objected to her presentence report and sought a downward departure under U.S.S.G. § 5K2.0 on the ground that her criminal activity fell outside the heartland of relevant cases. The district court denied her request for a downward departure and imposed a 51-month sentence followed by two years of supervised release.

II.

This appeal presents three challenges to the defendants’ sentences: (1) Springs and Joyner claim that the district court erred in determining the amount of drugs attributable to them; (2) Springs claims that the district court erred in determining the value of laundered funds attributable to him and his role in the criminal activity; and (3) Bledsoe contends that the district court should have given her a downward departure under U.S.S.G. § 5K2.0. In assessing a district court’s application of the Sentencing Guidelines, we

accept the findings of fact of the district court unless they are clearly erroneous and ... give due deference to the district court’s application of the guidelines to the facts.” 18 U.S.C. § 3742(e). In light of Buford v. United States, 532 U.S. 59, 63—66, 121 S.Ct. 1276, 149 L.Ed.2d 197 (2001)[ ], this court has held that our standard of review of a district court’s application of provisions of the Sentencing Guidelines to the facts should be treated deferentially and should not be disturbed unless clearly erroneous.

United States v. Webb, 335 F.3d 534, 536—37 (6th Cir.2003).

A.

With respect to the first dispute — the amount of drugs attributable to Springs and Joyner — the Sentencing Guidelines offer two pieces of pertinent guidance. ‘Where there is no drug seizure or the amount seized does not reflect the scale of the offense, the court shall approximate the quantity of the controlled substance.” U.S.S.G. § 2D1.1, cmt. n. 12. In making this estimate, a district court may convert the amount of funds received into drugs distributed by the defendant when substantial evidence links the drug payments to the drug sales. See United States v. Layne, 192 F.3d 556, 578 (6th Cir.1999).

And in cases involving jointly undertaken criminal activity, the Guidelines say that a defendant’s base offense level should be determined on the basis of

all reasonably foreseeable acts and omissions of others in furtherance of the jointly undertaken criminal activity, that occurred during the commission of the offense of conviction, in preparation for that offense, or in the course of attempting to avoid detection or responsibility for that offense.

U.S.S.G. § lB1.3(a)(l)(B). Under this provision, we have held, district courts must make two findings to hold the defendant responsible for the acts of others— namely, that the acts were within the scope of the conspiracy and that they were foreseeable to the defendant. United States v. Campbell, 279 F.3d 392, 399—400 (6th Cir.2002).

[815]*815Both defendants pleaded guilty to distributing in excess of 100 kilograms of marijuana as part of the conspiracy. Consistent with their respective presentence reports, the district court found Springs responsible for 441.07 kilograms of marijuana and Joyner responsible for 393.47 kilograms of marijuana. While each defendant was entitled to put on his own evidence at sentencing, only IRS Agent Lynn Barker testified, and he testified in support of the calculations in the presentence report. At the close of the sentencing hearing, the district court found that the presentence reports on this issue were supported by the evidence:

This morning the Court has heard evidence. The only evidence presented was the testimony of Special Agent Lynn Barker of the Internal Revenue Service.

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Related

United States v. Crawford
281 F. App'x 444 (Sixth Circuit, 2008)
Springs v. United States
544 U.S. 1058 (Supreme Court, 2005)
Joyner v. United States
544 U.S. 946 (Supreme Court, 2005)
Billingslea v. United States
544 U.S. 946 (Supreme Court, 2005)

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Bluebook (online)
105 F. App'x 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-springs-ca6-2004.