313 F. Supp. 3d 969
N.D. Iowa2018Background
- Defendant Scott Michael Harry was convicted by a jury of possession with intent to distribute methamphetamine (verdict found he was responsible for ≥500 g mixture and ≥50 g pure methamphetamine) after a February 10, 2017 stop that uncovered 666.3 g of 97.1% pure methamphetamine in a vehicle.
- Probation attributed a total of 1,800.3 g (666.3 g seized + 1,134 g from cooperating witnesses) to Harry, yielding a base offense level 36 under the "actual/ice" methamphetamine guideline.
- PSR recommended two enhancements: +2 for possession of a dangerous weapon (government declined to pursue) and +2 for obstruction of justice for false trial testimony (government sought; court found true).
- Criminal history placed Harry in Category VI (court sustained one PSR objection reducing three points). With enhancements, the Guideline total offense level was 38, producing a range of 360 months to life under the actual/ice methamphetamine guideline.
- Judge Strand adopted Judge Bennett’s Nawanna reasoning, rejected the actual/ice methamphetamine guidelines as a policy matter, recalculated using the methamphetamine-mixture guideline (base level 32), added +2 obstruction, producing an alternative total offense level 34 and an advisory range of 262–327 months.
- After applying 18 U.S.C. § 3553(a) factors (noting extensive violent and drug-related criminal history, age, addiction, and mental-health history), the court imposed a 280-month sentence and 10 years supervised release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper drug-quantity attribution for Guidelines | Probation/Government: hold Harry accountable for 1,800.3 g (seized + other attributed amounts) | Harry: accountable only for the 666.3 g seized on Feb 10, 2017 | Court: overruled Harry’s objection; found accountability for 1,800.3 g |
| Application of obstruction enhancement (USSG § 3C1.1) | Government: apply +2 for false testimony at trial | Harry: objected to enhancement | Court: found Harry testified falsely at trial and applied +2 |
| Whether to apply actual/ice methamphetamine Guidelines or treat as methamphetamine mixture | Government: apply Guidelines as written (10:1 purity treatment) | Harry: argued purity-based treatment is unsupported and harsh; sought variance (citing Nawanna/Hayes) | Court: adopted policy disagreement, rejected actual/ice guidelines, calculated alternative range using methamphetamine mixture |
| Appropriate sentence under § 3553(a) after alternative Guidelines | Government: argued against variance; urged substantial sentence | Harry: sought downward variance below alternative range based on personal history and policy arguments | Court: after considering § 3553(a) factors, sentenced to 280 months (above bottom of alternative range) and 10 years supervised release |
Key Cases Cited
- United States v. Hayes, 948 F. Supp. 2d 1009 (N.D. Iowa 2013) (district court explains policy disagreement with actual/ice methamphetamine Guidelines and reduces ranges)
- United States v. Beckman, 787 F.3d 466 (8th Cir. 2015) (cited on sentencing authority/legal principles)