714 F. App'x 125
3rd Cir.2017Background
- Lopez-Esmurria was convicted by a jury of cocaine and heroin distribution and related conspiracies; the jury’s special verdict found he trafficked less than 500 g of cocaine and less than 100 g of heroin.
- At initial sentencing the district court attributed much larger quantities (9 kg cocaine, 320 g heroin) and imposed a 210-month sentence; this Court vacated that sentence and remanded, finding the record did not support those amounts.
- On remand the district court made written findings attributing 564.12 g cocaine, 0.37 g crack, and 0.36 g heroin to Lopez-Esmurria, directing the probation officer to calculate the Guidelines range from those findings.
- Those findings yielded a Guidelines range of 87–108 months (offense level 24), and the court resentenced Lopez-Esmurria to 96 months.
- Lopez-Esmurria appealed again, arguing the district court’s finding of more than 500 g of cocaine violated his Sixth Amendment rights because the jury had found less than 500 g.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a district court may find a greater drug quantity for sentencing than the jury’s special-verdict finding | Lopez: The jury’s affirmative finding that quantity was under a specific amount precludes a contradictory judicial finding at sentencing | Gov’t: Drug quantity is a sentencing factor; judge may find quantity by preponderance up to statutory maximum | Court: Judge may find greater quantity; no Sixth Amendment violation; even if limited to <500 g, Guidelines outcome would be the same |
Key Cases Cited
- United States v. Kluger, 722 F.3d 549 (3d Cir.) (standard of review for Guidelines interpretation)
- United States v. Smith, 751 F.3d 107 (3d Cir.) (district court may engage in judicial factfinding by preponderance for sentencing)
- United States v. Grier, 475 F.3d 556 (3d Cir. en banc) (judge’s greater-factfinding for sentencing can coexist with jury’s beyond-a-reasonable-doubt finding)
- United States v. Webb, 545 F.3d 673 (8th Cir.) (upholding judge’s authority to find greater drug quantity)
- United States v. Magallanez, 408 F.3d 672 (10th Cir.) (same)
- United States v. Goodine, 326 F.3d 26 (1st Cir.) (same)
- United States v. Smith, 308 F.3d 726 (7th Cir.) (same)
- United States v. Pimentel-Lopez, 859 F.3d 1134 (9th Cir.) (contrary rule: jury’s affirmative finding precludes a contradictory judicial finding)