United States v. Conn
2011 U.S. App. LEXIS 19224
| 5th Cir. | 2011Background
- Conn ran a Temple, Texas meth operation; charged with conspiracy to manufacture methamphetamine and possession of pseudoephedrine; Caldwell pled guilty to similar offenses.
- Conn and Caldwell pled guilty without plea agreements; district court sentenced Conn to consecutive 240-month and 120-month terms.
- PSR attributed 1,136.88 grams of pseudoephedrine to Conn; converted to 11,368.8 kilograms of marijuana equivalent per § 2D1.1, leading to base level 36 with leadership and risk enhancements to level 45.
- Conn, in the district court, objected to consecutive sentences and sought independent retesting of his children; district court denied the motion.
- Conn appealed on four grounds: drug quantity, denial of independent drug testing, consecutiveness of sentences, and ineffective assistance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Drug quantity: plain error in PSR calculation | Conn | Conn | Not plain error; quantity review is fact-dependent |
| U.S.S.G. § 2D1.11, note (C) application? | Conn | Govt | No plain error; weight determination is a fact question |
| Independent drug testing denial reviewability | Conn | Conn | Waived; appellate review limited |
| Consecutive sentences substantively reasonable | Conn | Conn | No abuse of discretion; totality supports consecutive terms |
| Ineffective assistance claim | Conn | Conn | Record insufficient; denial without prejudice |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (reasonableness review of sentences)
- Brantley, 537 F.3d 347 (5th Cir. 2008) (abuse of discretion in sentencing; totality of circumstances)
- Lopez, 923 F.2d 47 (5th Cir. 1991) (plain error review for unraised sentencing objections)
- Arviso-Mata, 442 F.3d 382 (5th Cir. 2006) (waiver of errors in sentencing context)
- Puckett, 505 F.3d 377 (5th Cir. 2007) (plain-error standard and fairness considerations)
- Jackson, 549 F.3d 963 (5th Cir. 2008) (plain error framework for sentencing issues)
- Whitelaw, 580 F.3d 256 (5th Cir. 2009) (plain error review in sentencing subsequent to trial)
- Hardin, 437 F.3d 463 (5th Cir. 2006) (determination of methamphetamine substance as a factual issue)
- Surasky, 974 F.2d 19 (5th Cir. 1992) (quantity of meth precursor as a factual inquiry)
- Jumah, 599 F.3d 799 (7th Cir. 2010) (net vs gross weight of pseudoephedrine tablets for sentencing)
- Goodhue, 486 F.3d 52 (1st Cir. 2007) (weighting of ephedrine/pseudoephedrine in tablets vs yield)
- Calverley, 37 F.3d 160 (5th Cir. 1994) (en banc considerations for sentencing guidelines)
- Cantwell, 470 F.3d 1087 (5th Cir. 2006) (ineffective assistance claims dependent on district court record)