United States v. Cole
2011 U.S. App. LEXIS 20148
8th Cir.2011Background
- Cole pled guilty to conspiracy to distribute and possess with intent to distribute cocaine and cocaine base (21 U.S.C. § 841(a)(1), § 846).
- District court applied a three-level enhancement under § 3B1.1(b) for managerial/supervisory role, producing a total offense level of 32 and a guideline range of 188–235 months.
- Cole was sentenced to 180 months, below the guideline range, after considering 18 U.S.C. § 3553(a) factors.
- Plea and admissions: Cole transported drugs from Chicago to St. Louis for distribution and returned proceeds; due to a suspended license, Henley drove him.
- Evidence included significant quantities of drugs and money; Cole admitted directing Henley and handling large quantities.
- Cole appeals, arguing the enhancement was improper and the sentence was substantively unreasonable; the district court’s determinations are challenged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the manager/supervisor enhancement was proper | Cole argues the enhancement was improper | Government argues evidence shows manager/supervisor role | Enhancement upheld; not clearly erroneous |
| Whether the below-guideline sentence was substantively reasonable | Cole contends sentence is substantively unreasonable | Government maintains sentence within court discretion and reflects § 3553 factors | Sentence affirmed as not substantively unreasonable |
Key Cases Cited
- United States v. Cosey, 602 F.3d 943 (8th Cir. 2010) (clear-error review of role in offense; factors for 3B1.1)
- United States v. Erhart, 415 F.3d 965 (8th Cir. 2005) (broad interpretation of manager/supervisor; factors include control over others)
- United States v. Payton, 636 F.3d 1027 (8th Cir. 2011) (application of 3B1.1 where individual controls others)
- United States v. Del Toro-Aguilera, 138 F.3d 340 (8th Cir. 1998) (fronting drugs does not automatically qualify for enhancement)
- United States v. McKanry, 628 F.3d 1010 (8th Cir. 2011) (below-range sentence not presumptively unreasonable)
- United States v. Coleman, 635 F.3d 380 (8th Cir. 2011) (abuse-of-discretion standard for substantive reasonableness)