United States v. Gelean Mark
666 F. App'x 162
| 3rd Cir. | 2016Background
- Gelean Mark was convicted in 2009 of two counts of conspiracy to distribute controlled substances stemming from “Redball I.”
- The PSR originally set offense level 33 and criminal history category III (guidelines 168–210 months); a revised PSR lowered history to I (121–151 months).
- At sentencing the Government contested the reduced criminal history; the District Court reinstated Category III and the parties agreed on offense level 31 (final Guidelines 135–168 months).
- The District Court imposed a bottom-of-the-Guidelines sentence; Mark appealed the inclusion of two prior sentences in his criminal history.
- The two contested prior sentences were: (1) an October 7, 2010 sentence from a RICO conviction (narcotics, gambling, attempted murder), and (2) an October 19, 2010 sentence from Redball II (cocaine smuggling/distribution).
- Mark argued those prior convictions involved conduct that was part of the instant offense, so they should not count as "prior sentences" under USSG §4A1.2(a)(1); the Third Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior RICO and Redball II sentences qualified as "prior sentences" or were part of the instant offense | The prior convictions arose from the same overall criminal conduct (similar drugs, participants, methods, timing), so they were part of the instant offense and should not count | The prior convictions involved distinct schemes, motives, methods, and substantive offenses; thus they are separate conduct and count as prior sentences | The court held both prior sentences properly counted; no clear error in District Court's finding that the offenses were not part of the same conduct |
Key Cases Cited
- United States v. West, 643 F.3d 102 (3d Cir. 2011) (standard of review for relevant-conduct determinations is clear error)
- United States v. Washington, 549 F.3d 905 (3d Cir. 2008) (prior-conviction conduct must be inextricably linked or operationally connected to be part of same offense)
- United States v. Grier, 475 F.3d 556 (3d Cir. 2007) (standard for finding clear error requires a definite and firm conviction that a mistake was committed)
- United States v. Mark, [citation="284 F. App'x 946"] (3d Cir. 2008) (distinguishing objectives of Redball I and Redball II conspiracies)