United States v. Willie Stokes

750 F.3d 767, 2014 WL 1673132, 2014 U.S. App. LEXIS 7996
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 29, 2014
Docket13-1779
StatusPublished
Cited by24 cases

This text of 750 F.3d 767 (United States v. Willie Stokes) 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. Willie Stokes, 750 F.3d 767, 2014 WL 1673132, 2014 U.S. App. LEXIS 7996 (8th Cir. 2014).

Opinions

SMITH, Circuit Judge.

Willie Stokes pleaded guilty to one count of possession with intent to distribute at least 28 grams of a mixture and substance containing cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). Because Stokes had two prior felony convictions, he was designated a “career offender” under U.S.S.G. § 4B1.1. Consequently, the district court calculated an advisory Guidelines sentencing range of 188-235 months’ imprisonment. Finding that the Guidelines overstated Stokes’ criminal history, the court reduced his criminal history level, resulting in a new Guidelines range of 168-210 months. The court sentenced Stokes to 168 months — at the bottom of the revised range. On appeal, Stokes challenges the designation of one of his prior felonies as a predicate offense for career-offender status. He also contends that his 168-month sentence is substantively unreasonable and the result of procedural error. For the reasons stated below, we affirm in part, reverse in part, and remand for resentencing.

[769]*769I. Background,

On May 15, 2012, Willie Stokes was indicted on two counts of distributing a mixture and substance containing cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). The indictment also included an additional count for possession with intent to distribute at least 28 grams of a mixture and substance containing cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). On November 16, 2012, Stokes pleaded guilty to the possession-with-intent-to-distribute charge. In exchange, the government dropped both of the distribution charges, agreed to withhold notice under 21 U.S.C. § 851 of Stokes’ prior felony drug conviction, and agreed not to pursue further charges. The parties did not agree on a sentence to be imposed, and both parties acknowledged that Stokes “may be a career offender.”

Since 2002, Stokes has had multiple criminal convictions, including four misdemeanor marijuana-possession offenses. Two of his convictions are particularly relevant to his sentence and this appeal. First, in 2006, Stokes was convicted of delivering less than 50 grams of cocaine, a felony, in violation of Michigan Code § 333.7401(2)(a)(iv). Second, in 2009, Stokes was convicted of third-degree fleeing and eluding police, a felony, in violation of Michigan Code § 257.602a(3)(a).1

The district court declared Stokes to be a career offender under § 4Bl.l(a) of the Sentencing Guidelines. The court determined that both the 2006 cocaine-distribution conviction and the 2009 eluding conviction represent predicate offenses for career offender status.

As a career offender, Stokes’ Guidelines criminal history category is VI. See U.S.S.G. § 4Bl.l(b). The district court calculated an offense level of 31, resulting in a Guidelines sentencing range of 188-235 months’ imprisonment. Stokes moved for a downward departure, contending that category VI overstated his criminal history. The district court agreed and departed down to category V. This resulted in a new sentencing range of 168-210 months.

Stokes requested a downward variance from the Guidelines range. During the sentencing hearing, the government suggested that Stokes has “been, involved in the drug game for probably the last ten years,” and that his spotty employment history is “based probably largely on his involvement in drug distributing.” The district court expressed concern about Stokes’ drug history and lack of employment, eventually stating “[t]he fact that you’re not working for the last ten years tells me you were making your money selling drugs, probably, because otherwise you wouldn’t have survived the last ten years.” The district court denied Stokes’ request for a variance and sentenced him to 168 months’ imprisonment — the bottom of the Guidelines range.

II. Discussion

Stokes raises two arguments on appeal. First, he argues that the district court erroneously found that third-degree eluding under Michigan law is a “crime of [770]*770violence,” and therefore erroneously applied U.S.S.G. § 4B1.1. Second, he contends that the district court procedurally erred by basing his sentence, in part, on conjecture that he has been selling drugs for ten years.

A. Career Offender designation

“The court of appeals reviews de novo a district court’s determination that a conviction constitutes a crime of violence under the career offender sentencing guideline.” United States v. Williams, 690 F.3d 1056, 1067 (8th Cir.2012) (citing United States v. Craig, 630 F.3d 717, 723 (8th Cir.2011)).

Á defendant is a career offender if (1) the defendant was at least eighteen years old at the time the defendant committed the instant offense of conviction;
(2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense; and
(3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.

U.S.S.G. § 4Bl.l(a).

Stokes does not dispute that the first and second elements are met or that his 2006 cocaine-distribution conviction is a predicate offense. The sole issue with respect to Stokes’ career-offender status is whether his third-degree eluding conviction is a crime of violence and thus constitutes a predicate offense.

In United States v. Bartel, we held that eluding the police under Minnesota law is a crime of violence. 698 F.3d 658 (8th Cir.2012). No meaningful difference exists between the Minnesota statute that we addressed in Bartel and the Michigan statute that we address here2 We concluded in Bartel that vehicular flight from the police “presents a serious potential risk of physical injury to another, and is therefore a violent felony under the ACCA.” Id. at 662 (quotations omitted). “We have never recognized a distinction between” “crime of violence” in the Sentencing Guidelines and “violent felony” in the ACCA. United States v. Williams, 537 F.3d 969, 971 (8th Cir.2008) (citation omitted). Applying Bartel, we hold that vehicular flight, as described by Michigan Code § 257.602a(1), is a crime of violence, and is therefore a predicate offense for career-offender status under the Sentencing Guidelines.

B. Sentencing Error

Stokes contends that even if he is a career offender under the Guidelines, his [771]*771168 — month sentence was the result of procedural error, and he therefore must be resentenced. We agree.

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Bluebook (online)
750 F.3d 767, 2014 WL 1673132, 2014 U.S. App. LEXIS 7996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-willie-stokes-ca8-2014.