473 F. App'x 481
6th Cir.2012Background
- Williams pleaded guilty to conspiracy to utter and possess counterfeit securities; sentenced to four years' imprisonment and three years of supervised release.
- Relevant supervised-release conditions prohibited crime, possession of a controlled substance, and other restraints; Williams began supervision on Feb 20, 2009 and was to end Feb 2012.
- In August 2009, police executed a search at 8452 Heyden St., Detroit, where marijuana and packaging materials were found; Williams was present and arrested with others.
- At arrest, Williams had over $10,000 in cash and keys to a car; he did not inform his probation officer or report the arrest in writing.
- A petition was filed Feb 17, 2010 alleging eight violations; at a March 24, 2010 hearing Williams admitted untruthful reporting and late arrest-notification violations and the district court found additional violations including possession of a controlled substance and committing another crime.
- The district court sentenced Williams to two years’ imprisonment for five supervised-release violations; the Government sought Grade A penalties based on the marijuana offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the government proved Williams knowingly possessed marijuana with intent to deliver | Williams: insufficient proof of intent to deliver | Williams: not knowingly possessed with intent to deliver | Proven by preponderance; it satisfied intent to deliver |
| Whether the marijuana offense supports a Grade A violation under USSG 7B1.1 | Williams: offense does not warrant Grade A | Government: offense is Grade A (up to four years) | Yes, it constitutes a Grade A violation; sentencing range appropriate |
Key Cases Cited
- People v. Wolfe, 489 N.W.2d 748 (Mich. 1992) (defines elements for intent to deliver; constructive possession framework)
- Thompson v. United States, 567 A.2d 907 (D.C. Cir. 1989) (constructive possession shown by sparse living conditions and drug presence)
- People v. Johnson, 647 N.W.2d 480 (Mich. 2002) (constructive possession considerations in Michigan)
- United States v. Lowenstein, 108 F.3d 80 (6th Cir. 1997) (preponderance standard for supervised-release violations)
- United States v. Stephenson, 928 F.2d 728 (6th Cir. 1991) (standard of proof for violations of supervised release)