544 F. App'x 527
5th Cir.2013Background
- Preston was convicted on Counts Two and Three for gun offenses.
- The district court enhanced his sentence based on acquitted conduct.
- Preston challenged the use of acquitted conduct, citing Sixth Amendment and § 3553(a) concerns.
- The court noted Watts controls and sentenced within, or rather below, the guidelines range after considering acquitted conduct.
- The court also imposed an obstruction of justice enhancement under § 3C1.1 based on Preston's testimony.
- Evidence showed extensive firearm trading by Preston; logs indicated many transactions and some profits, with disputed intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May acquitted conduct support an enhanced sentence? | Preston | Court | No reversible error; Watts authority remains valid; no Sixth Amendment violation. |
| Was the § 3C1.1 obstruction enhancement proper? | Preston | Court | Yes; enhancement sustained given the record and Preston's false testimony. |
Key Cases Cited
- United States v. Watts, 519 U.S. 148 (Supreme Court 1997) (acquitted-conduct sentencing guidance upheld)
- United States v. Jackson, 596 F.3d 236 (5th Cir. 2010) (Watts remains valid post-Booker)
- United States v. Farias, 469 F.3d 393 (5th Cir. 2006) (Watts doctrine applied after Booker)
- Cunningham v. California, 549 U.S. 270 (Supreme Court 2007) (treatment of sentencing factors post Apprendi/Blakely)
- United States v. Powers, 168 F.3d 741 (5th Cir. 1999) (standard for reviewing obstruction-of-justice enhancement)
- Como v. United States, 53 F.3d 87 (5th Cir. 1995) (perjury materiality and impact on verdict)