McPhearson v. United States
675 F.3d 553
6th Cir.2012Background
- McPhearson was convicted by a jury in 2007 of possessing with intent to distribute approximately 4.9 grams of cocaine base (Count 4).
- At arrest, 4.9 grams were found on his person; other counts charged smaller alleged sales, but the jury could not reach verdict on those, and they were dismissed.
- McPhearson testified he possessed the 4.9 grams for personal use due to pain from a serious car accident and attempted to introduce medical records, which the district court limited.
- At sentencing, the district court used a total drug-quantity of 5.9 grams (including the 4.9 grams and an approximate amount from the dismissed counts) to compute the guidelines, yielding a 140-month sentence.
- McPhearson raised ineffective-assistance claims under §2255; the district court denied without requiring government response; on appeal, the Sixth Circuit vacated and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was trial counsel deficient for not raising a personal-use exclusion at sentencing? | McPhearson | United States | Yes; failure was deficient performance. |
| Does the jury verdict on Count 4 require a finding that all 4.9 g were for distribution? | McPhearson | United States | No; no quantity finding required for conviction; jury not bound by quantity at sentencing. |
| Was McPhearson prejudiced by counsel’s failure to press personal-use at sentencing? | McPhearson | United States | Remand to determine if a plausible personal-use amount would lower the guideline range and affect sentence. |
| Should an evidentiary hearing be held on remand to resolve the prejudice question? | McPhearson | United States | Remand with authority to hold an evidentiary hearing as necessary. |
Key Cases Cited
- United States v. Gill, 348 F.3d 147 (6th Cir. 2003) (personal-use exclusion should not be included in drug-quantity calculation)
- Jansen v. United States, 369 F.3d 237 (3d Cir. 2004) (counsel's failure to press personal-use argument can be ineffective assistance)
- United States v. Tosh, 330 F.3d 836 (6th Cir. 2003) (jury verdicts and quantity determinations; consideration of indictment and instructions)
- United States v. Villarce, 323 F.3d 435 (6th Cir. 2003) (government need not prove specific quantity to convict under § 841)