United States v. Jackson
20-30415
5th Cir.Jul 15, 2021Background
- Frank Jackson pleaded guilty to mail fraud and conspiracy to commit mail fraud and was sentenced to concurrent 33-month terms within the Guidelines range.
- Jackson challenged the sentence, arguing procedural error: (1) a U.S.S.G. § 3B1.1(c) leader/organizer enhancement and (2) attribution of losses from January 2017 Louisiana trips in which he did not personally participate (impacting restitution).
- The PSR and co‑conspirator statements attributed recruitment of a young woman (NH) to Jackson; Jackson admitted recruiting and training another participant (BB/"HN").
- Jackson made several trips to Louisiana in January and February 2017 in furtherance of the scheme; other conspirators made frequent trips December 2016–February 2017.
- The district court applied the § 3B1.1(c) enhancement and found the January 2017 losses foreseeable and attributable to Jackson for restitution purposes; Jackson conceded the relevant-conduct finding did not change his Guidelines range but increased restitution.
- The Fifth Circuit affirmed, concluding the leader enhancement and the attributable-loss/restitution findings were not clearly erroneous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court erred by applying a § 3B1.1(c) leader/organizer enhancement | Government: PSR and co‑conspirator statements show Jackson recruited and trained participants; Jackson exercised leadership | Jackson: court wrongly credited recruitment of NH and thus improperly applied enhancement | Affirmed — no clear error; admissions about recruiting/training and PSR support enhancement |
| Whether Jackson can be held accountable for losses from January 2017 trips he did not attend | Government: as a leader, Jackson should be held accountable for foreseeable acts of co‑conspirators, including losses from those trips | Jackson: those trips were not his conduct and should not increase his restitution | Affirmed — losses were reasonably foreseeable to Jackson as conspiracy leader; restitution proper |
Key Cases Cited
- United States v. Ochoa-Gomez, 777 F.3d 278 (5th Cir. 2015) (standard for reviewing leader/organizer enhancements)
- United States v. Harris, 702 F.3d 226 (5th Cir. 2012) (PSR and co‑conspirator statements may support sentencing findings)
- United States v. Ollison, 555 F.3d 152 (5th Cir. 2009) (defendant must timely contest PSR reliability)
- United States v. Posada-Rios, 158 F.3d 832 (5th Cir. 1998) (role‑in‑offense facts supporting enhancement)
- United States v. Wall, 180 F.3d 641 (5th Cir. 1999) (standard for reviewing restitution and attributable loss)
- United States v. Beydoun, 469 F.3d 102 (5th Cir. 2006) (attributable loss and restitution principles)
- United States v. Coleman, 609 F.3d 699 (5th Cir. 2010) (foreseeability of co‑conspirators' acts for sentencing and loss attribution)
- United States v. Ismoila, 100 F.3d 380 (5th Cir. 1996) (scope of restitution and conspiracy liability)