United States v. Jones, No. 08-5009 (6th Cir. Sept. 6, 2011) (unpublished). Panel of Judges Gibbons, Rogers, and Cook.
Defendant appealed mandatory life sentence for possession with intent to distribute 108 grams of meth. Jury made no findings of fact regarding quantity. Also argued that the dist ct erred in making findings regarding prior convictions necessary for the mandatory life sentence under 21 U.S.C. 841(b)(1)(A). The government conceded the error regarding the jury's lack of a quantity finding. The Court found that the argument on the prior convictions was foreclosed by S Ct precedent.
The Court vacated the sentence and remanded.
The only evidence presented at trial on the issue of quantity was the testimony of the government's drug-chemistry expert. This expert testified that she had calculated the weight of the meth as 99 grams. She calculated the purity as 73%: so the "pure" meth quantity was 72 grams.
The dist ct instructed the jury that while the indictment alleged certain quantities the evidence need not establish those quantities. The instruction was that the evidence only needed to establish that a measurable amount of meth was the subject of the acts charged. The jury was not asked to make a quantity determination.
At sentencing, the government presented testimony to prove the defendant's prior convictions for purposes of the mandatory life sentence. The dist ct found that there were valid prior convictions and sentenced the defendant to life.
The Court of Appeals found that the dist ct plainly erred in applying 841(b)(1)(A) w/o a jury finding of quantity. Gov conceded the plain error. Jury must find beyond a reasonable doubt any fact that increases the statutory maximum sentence (other than a prior conviction). Section 841(b)(1)(A) provides for mandatory life when a defendant has two prior, qualifying convictions, and the amount of meth was 50 grams or more or the the mixture containing a detectable amount of meth exceeded 500 grams. W/o this quantity determination, the max sentence is 30 years. The life sentence was clear error.
The Court did affirm the dist ct's findings re the priors. Following Apprendi, the Court found that prior convictions need not be found by a jury. Sentencing judges may find prior convictions based on a preponderance of the evidence.
