United States v. Dennis Howard
773 F.3d 519
| 4th Cir. | 2014Background
- Dennis Ray Howard was convicted by a jury of conspiracy to distribute PCP (Count 1), nine distributions of PCP (Counts 2–10), and possession of a firearm in furtherance of a drug trafficking offense (Count 11). He was sentenced to life plus 60 months; a separate supervised-release revocation produced an additional consecutive 60 months (appeal of revocation abandoned).
- Controlled buys (2010–2011) by confidential informants and cooperating witnesses, plus surveillance and a traffic stop, tied Howard to multiple PCP sales; one stop produced a one-ounce vial of PCP found in his car.
- Officers searched Howard’s home and found a loaded pistol (one round chambered), ammunition, black plastic vial caps used for PCP sales, a police scanner, and an envelope bearing Howard’s name; no PCP was found in the house at the time.
- The PSR, with a §851 enhancement filed by the Government, yielded a Guidelines range of roughly 120–121 months (offense level 28, CHC III) before any departure; the district court departed upward, treating Howard as a “de facto” career offender (CHC VI, offense level 37) and imposed life on Count 1 (concurrent 360 months on other counts) plus a consecutive 60-month §924(c) term.
- On appeal the Fourth Circuit affirmed all convictions but held the life sentence substantively unreasonable and vacated and remanded for resentencing, while dismissing the appeal of the revocation sentence as abandoned.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy (Count 1) | Government: repeated transactions, shared suppliers, referrals and mutual dealing support conspiracy | Howard: evidence shows only buyer-seller transactions, not agreement to conspire | Convictions affirmed—circumstantial evidence of continuing relationships and market-based agreement sufficient to support conspiracy conviction |
| Sufficiency of evidence for distribution counts (Counts 2–10) | Government: controlled purchases, witness testimony, recordings establish distributions | Howard: argued broadly that evidence was insufficient (conclusory) | Convictions affirmed—controlled buys and cooperating witness testimony provided substantial evidence |
| Sufficiency of evidence for firearm-in-furtherance (Count 11, §924(c)) | Government: gun was loaded and accessible, near drug paraphernalia and sales locale, so it furthered drug trafficking | Howard: absence of drugs in home undermines link between gun and trafficking | Conviction affirmed—proximity, accessibility, and surrounding evidence permitted reasonable inference that firearm furthered drug activity |
| Substantive reasonableness of life sentence | Government: urged an upward departure to CHC VI and recommended up to 175–360 months (depending on approach); argued Howard’s prior record and recidivism risk justified a long sentence | Howard: argued sentence excessive; many predicate convictions were juvenile or stale and district court over-relied on them | Sentence vacated and remanded—court abused discretion by overemphasizing dated juvenile/stale priors and imposing a life sentence greater than necessary under §3553(a); resentencing required |
Key Cases Cited
- United States v. Burgos, 94 F.3d 849 (4th Cir. 1996) (conspiracy may be proven by circumstantial evidence)
- United States v. Hackley, 662 F.3d 671 (4th Cir. 2011) (buyer-seller relationship alone insufficient for conspiracy but relevant)
- United States v. Lomax, 293 F.3d 701 (4th Cir. 2002) (§924(c) requires proof firearm furthered the drug crime; listed factors for inference)
- Gall v. United States, 552 U.S. 38 (2007) (reasonableness review of sentences and deference to district court’s §3553(a) findings)
- United States v. Myers, 589 F.3d 117 (4th Cir. 2009) (upward departures and de facto career offender analysis)
- United States v. Cash, 983 F.2d 558 (4th Cir. 1992) (permitting departure to career-offender range when predicates not countable)
- United States v. Engle, 592 F.3d 495 (4th Cir. 2010) (rare reversal for substantive unreasonableness where district court over-relied on a single factor)
- Roper v. Simmons, 543 U.S. 551 (2005) (juvenile characteristics mitigate culpability; sentencing considerations for youth)
- Graham v. Florida, 560 U.S. 48 (2010) (juvenile transience of character relevant to sentencing severity)
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (juvenile sentencing principles recognizing diminished culpability)