United States v. Darrin Joseph Hoffman
2013 U.S. App. LEXIS 3929
| 11th Cir. | 2013Background
- Hoffman was convicted in 2011 of methamphetamine trafficking and possession counts; he faced a mandatory life sentence under 21 U.S.C. § 841(b)(1)(A)(viii) based on § 851 enhancements.
- The government filed § 851 notices alleging two Florida juvenile felony drug convictions as predicates for the life sentence.
- The presentence report attributed 2.21 kg of meth to Hoffman, yielding an initial Guidelines range of 210–262 months, but life was mandated by § 841(b)(1)(A)(viii) due to the § 851 predicates.
- The two predicate offenses occurred in 1985 when Hoffman was 17; he had juvenile adjudications and later adult-like drug offenses listed in the PSI.
- At sentencing, the district court adopted the PSI facts, overruled a defense objection to the predicates, and imposed life on Counts 1 and 10 with concurrent 262-month terms on the other counts, noting the life sentence was mandatory.
- Hoffman appealed, arguing (i) Eighth Amendment violation for using juvenile offenses to justify a life sentence, and (ii) unreasonableness for not considering § 3553(a) factors; the panel affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile convictions used for § 841(b)(1)(A) life sentence violate the Eighth Amendment. | Hoffman argues juvenile predicates cannot support life for an adult crime. | The predicates were valid felony drug offenses; Miller does not apply to adult sentencing. | No plain error; sentence upheld. |
| Whether the sentence is unreasonable for not considering § 3553(a) factors. | Hoffman contends the court failed to weigh § 3553(a) factors. | After Booker, life sentence remains compelled by statute notwithstanding 3553(a). | Sentence affirmed as statutorily mandatory. |
Key Cases Cited
- United States v. Lopez, 649 F.3d 1222 (11th Cir. 2011) (upholding life sentence under § 841(b)(1)(A) on two prior felonies; no Eighth Amendment issue for adult defendant)
- United States v. Willis, 956 F.2d 248 (11th Cir. 1992) (reiterates no Eighth Amendment violation for § 841(b)(1)(A) enhancements)
- United States v. Wilks, 464 F.3d 1240 (11th Cir. 2006) (distinguishes Roper in context of youthful offender predicates used for enhancement)
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (juvenile sentencing; not controlling for adult predicate enhancements)
- Roper v. Simmons, 543 U.S. 551 (2005) (death penalty for juveniles; distinguished as not governing adult sentencing enhancements)
- United States v. Booker, 543 U.S. 220 (2005) (establishes two-step approach post-Booker; not applied to statutory minimums)
- Castaing-Sosa, 530 F.3d 1358 (11th Cir. 2008) (court upholds mandatory minimums despite Booker to the extent statute requires them)
- United States v. Wilks, — (11th Cir. 2006) (see above)