79 F.4th 903
8th Cir.2023Background
- Law enforcement investigated Stamps for methamphetamine distribution; a controlled buy on Jan. 7, 2021 led to arrests of Stamps and Campos and later Watson; search of motel room uncovered drugs, paraphernalia, and a loaded handgun.
- A federal indictment charged Campos, Watson, and Stamps; Campos and Watson pleaded guilty to possession with intent to distribute methamphetamine (Count 4); Stamps pleaded guilty to one distribution count (Count 3).
- At sentencing the district court treated Campos and Watson as career offenders based on two prior Texas convictions under Tex. Health & Safety Code §481.112; Guidelines ranges increased substantially and long terms were imposed.
- The Presentence Investigation Report (PSR) attributed to Stamps efforts to arrange a “hit” on the undercover officer based on a confidential source (CS) interview and jail-call excerpts; the district court applied a two-level obstruction enhancement and a two-level violent-threat enhancement.
- On appeal the Eighth Circuit reviewed (1) whether §481.112 convictions qualify as Guidelines “controlled substance offense” predicates for career-offender status, and (2) whether the CS-derived hearsay and other materials sufficiently proved the two enhancements applied to Stamps.
- The majority vacated all three sentences and remanded for resentencing: Campos’s and Watson’s career-offender designations were vacated; Stamps’s two sentence enhancements were vacated for insufficient proof.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior Texas §481.112 convictions qualify as USSG §4B1.2(b) "controlled substance offense" for career-offender status (Campos) | Campos: §481.112 criminalizes a mere offer to sell that can be prosecuted without intent to complete a sale, so it is categorically broader than the Guidelines definition | Government: §481.112 offers are equivalent to attempted distribution and thus fall within the Guidelines (commentary includes inchoate offenses) | Held: §481.112 can criminalize purely verbal offers without intent to complete a transfer; convictions do not categorically qualify as "controlled substance offenses." Vacated and remanded for resentencing. |
| Same issue (Watson; plain-error argued) | Watson: same categorical challenge as Campos | Government/district court: applied circuit law treating the convictions as predicates | Held: Error was plain and prejudicial under plain-error review; Watson’s career-offender designation vacated and case remanded. |
| Whether hearsay CS statements and jail-call excerpts were sufficiently reliable to support USSG §2D1.1(b)(2) and (b)(16)(D) enhancements (Stamps) | Stamps: CS had strong motive to fabricate; government failed to prove reliability by preponderance; contested PSR required the government to present evidence at sentencing | Government: CS interview reports plus jail-call excerpts corroborated the CS and met the §6A1.3 reliability standard | Held: Government failed to meet burden; district court erred in relying on unsworn interview summaries without testimony or other reliable corroboration—both enhancements vacated; remand for resentencing without those enhancements on the existing record. |
| Whether the alleged conduct (arranging a hit) fits the plain language of the obstruction enhancement (attempt vs completed obstruction) (Stamps) | Stamps: at most an attempt to obstruct/intimidate; §2D1.1(b)(16)(D) covers obstruction, not mere attempts | Government/district court: found statements and conduct supported obstruction and violent-threat adjustments | Held: Majority noted record shows at most attempted obstruction and that §2D1.1(b)(16)(D) does not plainly cover attempts; independent failure of proof requires vacatur of the enhancement. |
Key Cases Cited
- Mathis v. United States, 579 U.S. 500 (2016) (distinguishes elements from means for categorical approach)
- United States v. Thomas, 886 F.3d 1274 (8th Cir. 2018) (state law that criminalizes a mere offer to sell may be categorically overbroad)
- United States v. Maldonado, 864 F.3d 893 (8th Cir. 2017) (categorical approach and "realistic probability" test for predicate offenses)
- Ochoa‑Salgado v. Garland, 5 F.4th 615 (5th Cir. 2021) (concluding §481.112 requires intent to sell and can qualify as an attempted transfer under federal law)
- United States v. Tanksley, 848 F.3d 347 (5th Cir. 2017) (held §481.112 convictions do not qualify as Guidelines "controlled substance offense")
- United States v. Kempter, 29 F.4th 960 (8th Cir. 2022) (attempt requires intent plus substantial step)
- United States v. Guzman, 926 F.3d 991 (8th Cir. 2019) (government must prove sentencing-enhancement facts by a preponderance)
- United States v. Sheridan, 859 F.3d 579 (8th Cir. 2017) (factors for assessing reliability of hearsay at sentencing)
- United States v. Timmons, 950 F.3d 1047 (8th Cir. 2020) (unsworn oral statements to police are least reliable hearsay)
- United States v. Poor Bear, 359 F.3d 1038 (8th Cir. 2004) (when PSR facts are contested, government must present evidence at sentencing to prove disputed facts)