United States v. Greenough
669 F.3d 567
5th Cir.2012Background
- Greenough pled guilty to two counts of possession with intent to distribute heroin under 21 U.S.C. § 841(a)(1) & (b)(1)(C).
- The PSR attributed Reitz’s death to heroin Greenough supplied, applying § 2D1.1(a)(2).
- District court sentenced 240 months on each count, concurrent, within the 20-year statutory maximum.
- Greenough objected at sentencing, arguing the death was not charged, not proven beyond a reasonable doubt, and not causally connected to her drugs.
- The government offered evidence of Reitz’s death as multiple drug toxicity; Greenough challenged the causation evidence but the court accepted it for purposes of § 2D1.1(a)(2).
- Greenough appealed arguing Apprendi concerns, incorrect § 2D1.1(a)(2) application, and insufficient evidence linking her heroin to Reitz’s death.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Apprendi violation from death finding | Greenough: death not charged; enhances unlawful. | Greenough: sentence within statutory max; no Apprendi issue. | Apprendi not violated; within statutory maximum |
| Application of § 2D1.1(a)(2) when death not in offense | Greenough: offense of conviction not establish death; 2D1.1(a)(2) improper. | Government: conduct/outcomes may affect Guidelines; offense of conviction broad enough. | § 2D1.1(a)(2) applies only if death/serious injury is part of conviction |
| Plain error for failure to object at sentencing | Greenough: error was clear and obvious; should be corrected. | Greenough: no objection; no plain error. | No plain error; not clear/obvious |
| Sufficiency of evidence linking Greenough’s heroin to Reitz’s death | Greenough supplied heroin; death due to multiple drugs; causation uncertain. | PSR reliable; Greenough’s drugs caused death; strict liability under 2D1.1(a)(2). | Evidence sufficient to link Greenough’s heroin to death |
Key Cases Cited
- United States v. Cathey, 259 F.3d 365 (5th Cir.2001) (Apprendi framework; within statutory max if not exceeding maximum)
- United States v. Pressler, 256 F.3d 144 (3d Cir.2001) (interpretation of offense of conviction in § 2D1.1(a)(2))
- United States v. Shah, 453 F.3d 520 (D.C.Cir.2006) (death resulting Guideline application with plea concessions)
- United States v. Rodriguez, 279 F.3d 947 (11th Cir.2002) (death as a result from pleaded drugs; causation issue)
- United States v. Deeks, 303 Fed.Appx. 507 (9th Cir.2008) (application of § 2D1.1(a)(2) to heroin importation cases)
- United States v. Bradford, 499 F.3d 910 (8th Cir.2007) (unchartered but relevant to guidelines and uncharged conduct)
- Puckett v. United States, 556 U.S. 129 (2009) (plain error standard for sentencing errors)