United States v. Dilade McCoy
2015 U.S. App. LEXIS 17910
| 4th Cir. | 2015Background
- In 2014 McCoy was indicted for conspiracy and possession with intent to distribute cocaine (500g+), and possession of ammunition as a felon; jury found guilt for >500g but <5kg.
- Co-defendant testified to three purchases from McCoy: 1 kg (early summer 2013), 3 kg (late summer 2013, returned), and 3 kg (November 2013); PSR attributed all three sales (7 kg) to McCoy.
- PSR set base offense level at 32 (7 kg), criminal history category II, yielding a Guidelines range of 135–168 months; McCoy contested drug-quantity attribution seeking a 120-month sentence.
- Government moved for an upward departure under U.S.S.G. § 4A1.3 based on McCoy’s juvenile violent felonies (robberies and assault) and recidivism; court counted the juvenile convictions and raised McCoy to CHC V, producing a Guidelines range of 188–235 months.
- District court sentenced McCoy to 188 months (top of the original Guideline range increased by the departure); McCoy appealed, arguing the sentence was substantively unreasonable on multiple grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court improperly relied on stale juvenile convictions for upward departure | McCoy: juvenile crimes (ages 15–17), ~25 years old, too remote to justify upward departure | Gov: juvenile violent felonies plus post-release recidivism show CHC under-represents seriousness and risk of recidivism | Court: Upward departure under U.S.S.G. § 4A1.3 was reasonable; juvenile violent convictions and subsequent recidivism justified departure |
| Whether court erred by raising CHC beyond Government’s request | McCoy: district court exceeded Government’s recommendation, mirroring concerns from Howard | Gov: recommendation is advisory; higher CHC still produced sentence below Government’s requested term | Court: No abuse—sentence (188 mo) was lower than Government’s requested 192 mo; CHC IV vs V difference did not create unwarranted disparity |
| Whether offense level overstated because one sale replaced a returned shipment | McCoy: November 3-kg sale merely replaced the returned 3-kg sale and court should exercise discretion to treat total as 4 kg | Gov: PSR attribution of 7 kg was supported by trial evidence; court need not treat as replacement | Court: Record does not support replacement theory; counting 7 kg and base offense level were reasonable |
| Whether post-sentencing Amendment 782 renders the sentence unreasonable | McCoy: Amendment 782 lowered drug offense base levels and should affect substantive reasonableness | Gov: Sentencing used Guidelines in effect at sentencing; retroactive relief is sought under 18 U.S.C. § 3582(c)(2) | Court: Amendment does not make the original sentence unreasonable; McCoy may pursue § 3582(c)(2) relief in district court |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (reasonableness review of sentences under abuse-of-discretion standard)
- United States v. Howard, 773 F.3d 519 (4th Cir. 2014) (juvenile, stale convictions and major upward departure found unreasonable)
- United States v. Whorley, 550 F.3d 326 (4th Cir. 2008) (§ 4A1.3 upward departure based on under-representative criminal history)
- United States v. Myers, 589 F.3d 117 (4th Cir. 2009) (upward departure based on stale convictions upheld)
- United States v. Lawrence, 349 F.3d 724 (4th Cir. 2003) (upward departure based in part on extensive juvenile record upheld)
- United States v. Young, 609 F.3d 348 (4th Cir. 2010) (guidance on quantity attribution and district court discretion)
- United States v. Brewer, 520 F.3d 367 (4th Cir. 2008) (post-sentencing amendments to Guidelines handled via § 3582(c)(2))