NOT RECOMMENDED FOR PUBLICATION File Name: 24a0457n.06
Case No. 22-3810
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED ) Nov 18, 2024 UNITED STATES OF AMERICA, KELLY L. STEPHENS, Clerk ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR ) THE NORTHERN DISTRICT OF VINCENT RICHARDSON, ) OHIO Defendant-Appellant. ) ) OPINION
Before: SILER, GRIFFIN, and MATHIS, Circuit Judges.
SILER, Circuit Judge. Vincent Richardson appeals his sentence following his guilty plea
to multiple federal drug trafficking charges. He argues that the district court erred in applying a
two-level enhancement for maintaining a premises for drug trafficking under USSG
§ 2D1.1(b)(12), imposed an improper two-level role enhancement for his role as an organizer or
leader under USSG § 3B1.1(c), failed to adequately account for the sentencing disparity between
him and his co-defendants, and erred in running all but 55 months of his sentence consecutive to
his undischarged state sentence. For the reasons below, we AFFIRM the district court’s judgment.
I.
In September 2020, a federal grand jury indicted Richardson and ten co-defendants for
their involvement in a drug trafficking organization known as the “Money Team,” which operated
in Warren, Ohio. Richardson was charged with conspiracy to distribute controlled substances,
multiple counts of distribution and possession with intent to distribute controlled substances, use No. 22-3810, United States v. Richardson
of communication facilities in furtherance of drug trafficking, and possession of a firearm in
furtherance of a drug trafficking crime.
Law enforcement began investigating Richardson in 2015 when it received reports of drug
trafficking at 1367 Hamilton Street SW, a residence associated with Richardson. Officers
observed high volumes of traffic consistent with drug sales and received reports of overdoses
linked to drugs sold from that location. In May 2018, Richardson was arrested after arranging a
controlled drug transaction at the same residence. A search of the property uncovered drugs, drug
paraphernalia, and items bearing the “Money Team” moniker. Richardson was subsequently
convicted in state court and sentenced to 120 months’ imprisonment in March 2020.
Despite his incarceration, Richardson continued his involvement in drug trafficking.
Between March 2019 and February 2020, investigators conducted controlled purchases of drugs
from Richardson and his associates. Richardson either conducted the transactions himself or
directed others to do so on his behalf. During this period, law enforcement executed multiple
search warrants at properties associated with Richardson, uncovering significant quantities of
drugs, paraphernalia, and firearms.
In 2022, Richardson pleaded guilty to all counts without a plea agreement. The
Presentence Report (“PSR”) calculated Richardson’s base offense level at 30 under USSG
§ 2D1.1(c)(5). It recommended a two-level enhancement under § 2D1.1(b)(12) for maintaining a
premises for drug trafficking and another two-level enhancement under § 3B1.1(c) for his role as
an organizer or leader. After a three-level reduction for acceptance of responsibility, his total
offense level was 31. With a criminal history category of VI, his advisory Guidelines range was
188 to 235 months’ imprisonment, plus a mandatory consecutive 60 months for the firearm offense
2 No. 22-3810, United States v. Richardson
under 18 U.S.C. § 924(c). Richardson objected to both enhancements and argued that his sentence
should run concurrently with his undischarged state sentence.
At the sentencing hearing, the district court overruled Richardson’s objections and applied
both enhancements. The court sentenced him to 235 months on the drug counts, a consecutive 60
months on the firearm count, and ordered that 55 months run concurrently with his state sentence,
with the remaining 240 months to run consecutively.
Richardson timely appealed. During the appeal, it was discovered that the district court
had failed to sentence him on Counts 81, 91, and 92. The case was remanded for resentencing on
those counts. On remand, the district court imposed concurrent 235-month sentences on Counts
81, 91, and 92, to run concurrently with the previously imposed sentences. Richardson’s total
sentence remained 295 months.
II.
We review a district court’s sentencing decisions for procedural and substantive
reasonableness under an abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 51
(2007). When examining a district court’s decisions under the Guidelines, this court reviews
mixed questions of law and fact de novo and findings of fact for clear error. United States v. Hayes,
135 F.3d 435, 437 (6th Cir. 1998) (citation omitted). Under clear error review, reversal is only
warranted if this court “is left with the definite and firm conviction” that the district court erred.
United States v. Gardner, 649 F.3d 437, 442 (6th Cir. 2011) (quoting United States v. Orlando, 363
F.3d 596, 603 (6th Cir. 2004)). At the sentencing hearing, the burden lies on the government to
prove “that the enhancement applies by a preponderance of the evidence.” United States v.
Nicolescu, 17 F.4th 706, 725 (6th Cir. 2021) (quoting United States v. Vandeberg, 201 F.3d 805,
811 (6th Cir. 2000)).
3 No. 22-3810, United States v. Richardson
A.
Richardson challenges the two-level enhancement for maintaining a premises for drug
trafficking. A two-level enhancement applies if the defendant knowingly “maintained a premises
for the purpose of manufacturing or distributing a controlled substance.” USSG § 2D1.1(b)(12);
United States v. Taylor, 85 F.4th 386, 389 (6th Cir. 2023). The government must show that the
defendant (1) had a possessory interest in the premises and (2) used the premises primarily for
drug distribution or manufacturing. See United States v. Johnson, 737 F.3d 444, 447 (6th Cir.
2013).
Richardson owned the residence at 1367 Hamilton Street SW, which was used primarily
for drug trafficking. Law enforcement observed high volumes of traffic consistent with drug sales
and received reports of overdoses linked to the residence between 2015 and 2018. In May 2018,
Richardson was arrested at this address after arranging a controlled drug sale to a confidential
informant. Richardson also conducted two drug transactions at this residence in 2019. Law
enforcement executed search warrants at the residence on three occasions between 2019 and 2020,
each time finding drug paraphernalia, significant amounts of controlled substances, and tools
associated with drug manufacturing.
Under USSG § 2D1.1(b)(12), maintaining even a single premises for drug trafficking is
sufficient for the enhancement to apply. This court has upheld the enhancement when the
defendant maintained one premises used primarily for drug activities. See, e.g., United States v.
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NOT RECOMMENDED FOR PUBLICATION File Name: 24a0457n.06
Case No. 22-3810
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED ) Nov 18, 2024 UNITED STATES OF AMERICA, KELLY L. STEPHENS, Clerk ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR ) THE NORTHERN DISTRICT OF VINCENT RICHARDSON, ) OHIO Defendant-Appellant. ) ) OPINION
Before: SILER, GRIFFIN, and MATHIS, Circuit Judges.
SILER, Circuit Judge. Vincent Richardson appeals his sentence following his guilty plea
to multiple federal drug trafficking charges. He argues that the district court erred in applying a
two-level enhancement for maintaining a premises for drug trafficking under USSG
§ 2D1.1(b)(12), imposed an improper two-level role enhancement for his role as an organizer or
leader under USSG § 3B1.1(c), failed to adequately account for the sentencing disparity between
him and his co-defendants, and erred in running all but 55 months of his sentence consecutive to
his undischarged state sentence. For the reasons below, we AFFIRM the district court’s judgment.
I.
In September 2020, a federal grand jury indicted Richardson and ten co-defendants for
their involvement in a drug trafficking organization known as the “Money Team,” which operated
in Warren, Ohio. Richardson was charged with conspiracy to distribute controlled substances,
multiple counts of distribution and possession with intent to distribute controlled substances, use No. 22-3810, United States v. Richardson
of communication facilities in furtherance of drug trafficking, and possession of a firearm in
furtherance of a drug trafficking crime.
Law enforcement began investigating Richardson in 2015 when it received reports of drug
trafficking at 1367 Hamilton Street SW, a residence associated with Richardson. Officers
observed high volumes of traffic consistent with drug sales and received reports of overdoses
linked to drugs sold from that location. In May 2018, Richardson was arrested after arranging a
controlled drug transaction at the same residence. A search of the property uncovered drugs, drug
paraphernalia, and items bearing the “Money Team” moniker. Richardson was subsequently
convicted in state court and sentenced to 120 months’ imprisonment in March 2020.
Despite his incarceration, Richardson continued his involvement in drug trafficking.
Between March 2019 and February 2020, investigators conducted controlled purchases of drugs
from Richardson and his associates. Richardson either conducted the transactions himself or
directed others to do so on his behalf. During this period, law enforcement executed multiple
search warrants at properties associated with Richardson, uncovering significant quantities of
drugs, paraphernalia, and firearms.
In 2022, Richardson pleaded guilty to all counts without a plea agreement. The
Presentence Report (“PSR”) calculated Richardson’s base offense level at 30 under USSG
§ 2D1.1(c)(5). It recommended a two-level enhancement under § 2D1.1(b)(12) for maintaining a
premises for drug trafficking and another two-level enhancement under § 3B1.1(c) for his role as
an organizer or leader. After a three-level reduction for acceptance of responsibility, his total
offense level was 31. With a criminal history category of VI, his advisory Guidelines range was
188 to 235 months’ imprisonment, plus a mandatory consecutive 60 months for the firearm offense
2 No. 22-3810, United States v. Richardson
under 18 U.S.C. § 924(c). Richardson objected to both enhancements and argued that his sentence
should run concurrently with his undischarged state sentence.
At the sentencing hearing, the district court overruled Richardson’s objections and applied
both enhancements. The court sentenced him to 235 months on the drug counts, a consecutive 60
months on the firearm count, and ordered that 55 months run concurrently with his state sentence,
with the remaining 240 months to run consecutively.
Richardson timely appealed. During the appeal, it was discovered that the district court
had failed to sentence him on Counts 81, 91, and 92. The case was remanded for resentencing on
those counts. On remand, the district court imposed concurrent 235-month sentences on Counts
81, 91, and 92, to run concurrently with the previously imposed sentences. Richardson’s total
sentence remained 295 months.
II.
We review a district court’s sentencing decisions for procedural and substantive
reasonableness under an abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 51
(2007). When examining a district court’s decisions under the Guidelines, this court reviews
mixed questions of law and fact de novo and findings of fact for clear error. United States v. Hayes,
135 F.3d 435, 437 (6th Cir. 1998) (citation omitted). Under clear error review, reversal is only
warranted if this court “is left with the definite and firm conviction” that the district court erred.
United States v. Gardner, 649 F.3d 437, 442 (6th Cir. 2011) (quoting United States v. Orlando, 363
F.3d 596, 603 (6th Cir. 2004)). At the sentencing hearing, the burden lies on the government to
prove “that the enhancement applies by a preponderance of the evidence.” United States v.
Nicolescu, 17 F.4th 706, 725 (6th Cir. 2021) (quoting United States v. Vandeberg, 201 F.3d 805,
811 (6th Cir. 2000)).
3 No. 22-3810, United States v. Richardson
A.
Richardson challenges the two-level enhancement for maintaining a premises for drug
trafficking. A two-level enhancement applies if the defendant knowingly “maintained a premises
for the purpose of manufacturing or distributing a controlled substance.” USSG § 2D1.1(b)(12);
United States v. Taylor, 85 F.4th 386, 389 (6th Cir. 2023). The government must show that the
defendant (1) had a possessory interest in the premises and (2) used the premises primarily for
drug distribution or manufacturing. See United States v. Johnson, 737 F.3d 444, 447 (6th Cir.
2013).
Richardson owned the residence at 1367 Hamilton Street SW, which was used primarily
for drug trafficking. Law enforcement observed high volumes of traffic consistent with drug sales
and received reports of overdoses linked to the residence between 2015 and 2018. In May 2018,
Richardson was arrested at this address after arranging a controlled drug sale to a confidential
informant. Richardson also conducted two drug transactions at this residence in 2019. Law
enforcement executed search warrants at the residence on three occasions between 2019 and 2020,
each time finding drug paraphernalia, significant amounts of controlled substances, and tools
associated with drug manufacturing.
Under USSG § 2D1.1(b)(12), maintaining even a single premises for drug trafficking is
sufficient for the enhancement to apply. This court has upheld the enhancement when the
defendant maintained one premises used primarily for drug activities. See, e.g., United States v.
Bell, 766 F.3d 634, 637 (6th Cir. 2014); Johnson, 737 F.3d at 447. Therefore, we need not analyze
other properties associated with Richardson that the district court also relied upon to apply the
enhancement, as the evidence regarding 1367 Hamilton Street SW alone is sufficient to support
4 No. 22-3810, United States v. Richardson
the enhancement. Because Richardson maintained that residence for the primary purpose of drug
trafficking, the district court did not err in applying the enhancement under § 2D1.1(b)(12).
B.
Richardson also challenges the two-level enhancement for his role as an organizer, leader,
manager, or supervisor under USSG § 3B1.1(c). The Guidelines provide for a two-level increase
in the base offense level “[i]f the defendant was an organizer, leader, manager, or supervisor in
any criminal activity” not described in subsections (a) or (b), which pertain to larger-scale
operations involving five or more participants or activities that are otherwise extensive. USSG
§ 3B1.1. To qualify for the enhancement under § 3B1.1(c), the government must prove by a
preponderance of the evidence that the defendant exerted control, authority, or influence over at
least one other participant in the criminal activity. Vandeberg, 201 F.3d at 811.
The record supports the district court’s application of the role enhancement because
Richardson played a leadership role in the “Money Team” organization.1 The PSR indicates that
Richardson co-founded the “Money Team” and supplied drugs to subordinate dealers. Wiretap
evidence captured Richardson directing his girlfriend to conduct drug transactions on his behalf,
including setting prices and instructing her on handling sales. Co-conspirators reported to
Richardson about the status of drug sales and shortages, also indicating his supervisory role.
Directing others to deliver drugs demonstrates managerial control. United States v. Minter,
80 F.4th 753, 758 (6th Cir. 2023). Forming and leading a drug trafficking organization also
supports a leadership enhancement. See United States v. Sexton, 894 F.3d 787, 792, 795 (6th Cir.
2018) (finding the enhancement appropriate where the defendant organized the criminal activity).
1 The district court was permitted to “rely on the PSR’s facts” as Richardson failed to “produce[] evidence that contradicts the PSR’s findings.” United States v. House, 872 F.3d 748, 752 (6th Cir. 2017) (citation omitted).
5 No. 22-3810, United States v. Richardson
Instructing others on drug transactions indicates control over participants. See United States v.
Cheese, 39 F. App’x 257, 259, 265 (6th Cir. 2002) (upholding the enhancement because the
defendant instructed others as to drug transactions via telephone while incarcerated in a county
jail). Therefore, the district court did not err in applying the two-level enhancement under §
3B1.1(c).
C.
Richardson argues that his sentence is substantively unreasonable due to disparities with
his co-defendants and national averages.
Under 18 U.S.C. § 3553(a), the district court is required to impose a sentence that is
“sufficient, but not greater than necessary to comply with the purposes” of sentencing, including
“reflect[ing] the seriousness of the offense, [ ] promot[ing] respect for the law, . . . provid[ing] just
punishment[,]” deterring criminal conduct, and protecting the public. One of the key factors courts
must consider is “the need to avoid unwarranted sentence disparities among defendants with
similar records who have been found guilty of similar conduct[.]” 18 U.S.C. § 3553(a)(6).
However, this provision concerns national disparities between similarly situated defendants, not
disparities among co-defendants. See United States v. Conatser, 514 F.3d 508, 521 (6th Cir. 2008).
Nonetheless, the district court addressed this issue, noting that Richardson was “at the top
of the food chain” and warranted a higher sentence. The court also considered national sentencing
data but found that Richardson’s aggravating factors justified a sentence at the high end of the
Guidelines range. The court noted that the average sentence for similarly situated defendants was
173 months, but Richardson’s leadership role, extensive criminal history, and undeterred criminal
conduct warranted a higher sentence.
6 No. 22-3810, United States v. Richardson
Richardson had a criminal history category of VI and continued drug trafficking while on
probation and during incarceration, demonstrating a lack of respect for the law. The district court
provided a thorough explanation of its reasoning, properly weighed the § 3553(a) factors, and
imposed a sentence within the advisory Guidelines range, which is presumptively reasonable. See
United States v. Vonner, 516 F.3d 382, 389 (6th Cir. 2008) (en banc). Therefore, the sentence is
substantively reasonable.
D.
Richardson contends that the district court abused its discretion by ordering most of his
federal sentence to run consecutively to his undischarged state sentence. We review a district
court’s decision to impose consecutive sentences for abuse of discretion. United States v. Berry,
565 F.3d 332, 342 (6th Cir. 2009).
Under 18 U.S.C. § 3584(a), the district court has discretion to determine whether sentences
run consecutively or concurrently. This discretion is guided by the consideration of the factors
listed in 18 U.S.C. § 3553(a). Berry, 565 F.3d at 342. USSG § 5G1.3 also provides guidance.
Section 5G1.3(b) applies when the undischarged term resulted from offenses that are relevant
conduct to the instant offense and were the basis for an increase in the offense level. Section
5G1.3(d) applies in other cases, allowing the court to impose the sentence “concurrently, partially
concurrently, or consecutively to the prior undischarged term of imprisonment to achieve a
reasonable punishment.” Application Note 4(A) to USSG § 5G1.3(d) advises that in cases where
subsection (d) applies, the court should consider several factors, including the § 3553(a) factors,
“the type . . . and length of the prior undischarged sentence, . . . the time served on the undischarged
sentence and the time likely to be served before release,” and any other relevant circumstance.
7 No. 22-3810, United States v. Richardson
Richardson’s state conviction was not relevant conduct to his federal offenses. While the
state and federal cases may share some factual overlap, the federal conspiracy indictment focused
on conduct between March 2019 and February 2020—long after the state charges were filed.
Richardson’s federal charges involved additional drug premises, ongoing drug distribution
activities, and possession of firearms in furtherance of drug trafficking. These facts indicate that
Richardson’s federal conspiracy involved conduct beyond that underlying his state conviction,
justifying the district court’s decision to impose a partially consecutive sentence.
Imposing a consecutive sentence is appropriate when the federal offense involves conduct
distinct from the state conviction, even if both cases share some factual overlap. See Berry, 565
F.3d at 343. A key factor that justified the district court’s decision was Richardson’s persistent
drug trafficking activities, even after his state conviction and while he was serving his state
sentence. Continued criminal activity while incarcerated justifies consecutive sentences. The
district court did not abuse its discretion. Its decision aligns with § 5G1.3(d) and the § 3553(a)
factors. The court adequately explained its reasoning, and the partially consecutive sentence was
procedurally and substantively reasonable. See United States v. Villa-Castaneda, 755 F. App’x
511 520–23 (6th Cir. 2018).
III.
For the foregoing reasons, we AFFIRM the district court’s judgment.