United States v. Brandon Sykes
2017 U.S. App. LEXIS 6423
8th Cir.2017Background
- Sykes pleaded guilty to one count of conspiracy to distribute cocaine base; plea stipulated facts describing supplier relationships in Chicago, Moline, and Davenport and conversion of powder to base.
- Controlled buys occurred from Sykes in March 2015; search warrants executed April 1, 2015 recovered cocaine residue, packaging materials, cash, and firearms at Sykes’ and his girlfriend Beason’s residences (28 g at Beason’s).
- PSR and sentencing testimony described Sykes receiving powder from Chicago, having Beason transport drugs daily, and using a cook to convert powder to crack; Sykes did not object to those PSR facts.
- At sentencing the district court found sufficient drug quantity to set base offense level at 34 (U.S.S.G. § 2D1.1(c)(3)), and applied enhancements for supervisory role (§ 3B1.1(b)), use/credible threat of violence (§ 2D1.1(b)(2)), and maintaining premises for distribution (§ 2D1.1(b)(12)).
- After adjustments, total offense level was 40, criminal-history category VI, Guidelines range 360 months to life; both parties requested the bottom of the range and Sykes was sentenced to 360 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Role enhancement (§ 3B1.1(b)) | Sykes: was not a manager/supervisor | Court/Gov’t: Sykes directed logistics (had cook, ordered deliveries via Beason) and suppliers counted as participants | Enhancement affirmed — PSR facts and testimony support managerial role and five-plus participants |
| Violence enhancement (§ 2D1.1(b)(2)) | Sykes: CS reports unreliable, uncorroborated, and illogical (timing of firearms) | Court/Gov’t: CS descriptions matched seized firearms; Sykes admitted presence and access to a gun; sufficient indicia of reliability | Enhancement affirmed — credible threat/use supported by testimony and admissions |
| Drug-premises enhancement (§ 2D1.1(b)(12)) | Sykes: (implicit) residence not used for substantial trafficking | Court/Gov’t: residence used for daily distribution activities | Enhancement affirmed — residence used for substantial trafficking activities |
| Drug-quantity (base offense level) | Sykes: quantity supports base level 32, not 34 | Court/Gov’t: district court found quantity supporting level 34 | Court did not decide error because any miscalculation would be harmless: even with level 32 total offense level would be 38 and Guidelines range (CH VI) remains 360 months–life, so sentence unchanged |
Key Cases Cited
- United States v. Vickers, 528 F.3d 1116 (review standard: facts for clear error; Guidelines interpretation de novo)
- United States v. Bledsoe, 445 F.3d 1069 (PSR facts unobjected to may be relied upon at sentencing)
- United States v. Gaines, 639 F.3d 423 (manager/supervisor construed broadly for § 3B1.1)
- United States v. Cole, 657 F.3d 685 (direction of a participant supports role enhancement)
- United States v. Starks, 815 F.3d 438 (ongoing supplier relationship counts as a participant for § 3B1.1)
- United States v. Garcia, 703 F.3d 471 (supplier relationship can make supplier a participant under § 3B1.1)
- United States v. Agboola, 417 F.3d 860 (hearsay admissible at sentencing if sufficient indicia of reliability)
- United States v. Miller, 698 F.3d 699 (premises enhancement applies where home used for substantial trafficking)
- United States v. Dace, 842 F.3d 1067 (improper Guidelines calculation is a significant procedural error but can be harmless)
- United States v. Spikes, 543 F.3d 1021 (improper Guidelines calculation is significant procedural error)