United States v. John Albert Pearson
662 F. App'x 896
| 11th Cir. | 2016Background
- Pearson sold powder and crack cocaine in multiple controlled buys and was arrested during a search of a residence where agents found ~15.8g powder cocaine (in a shoe), ~13g crack (in a shoebox), a loaded 9mm handgun near the drugs, drug-conversion cookware, scales, and large cash stacks. He admitted the drugs and cookware but denied knowledge/possession of the firearm.
- Indicted on (1) possession with intent to distribute cocaine and cocaine base (21 U.S.C. § 841), (2) being a felon in possession of a firearm (18 U.S.C. §§ 922(g), 924(e)), and (3) possession of a firearm in furtherance of a drug-trafficking crime (18 U.S.C. § 924(c)); pleaded guilty to all counts.
- Probation classified Pearson as an armed-career criminal (ACCA) based on four prior state drug convictions and as a career offender under the Sentencing Guidelines, producing Guidelines ranges that incorporated both enhancements; PSI resulted in a Guidelines range of 262–327 months before accounting for statutory minimums.
- District court overruled Pearson’s objection that Florida Statute § 893.13 convictions (which lack a mens rea element as to the illicit nature of the substance) do not qualify as ACCA or career-offender predicates, applied the enhancements, and sentenced Pearson to 240 months (180 months mandatory ACCA for Count 2, concurrent 180 months for Count 1, plus consecutive 60 months for Count 3).
- On appeal Pearson conceded Eleventh Circuit precedent (Travis Smith) foreclosed his argument but argued that precedent was wrongly decided and that the Sentencing Commission exceeded its authority by including strict-liability state drug offenses in the career-offender definition.
Issues
| Issue | Plaintiff's Argument (Pearson) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether Florida § 893.13 convictions qualify as ACCA “serious drug offenses” | § 893.13 lacks mens rea about illicit nature, so they should not qualify | Eleventh Circuit precedent and statutory text allow such state offenses to qualify | They qualify; Travis Smith is controlling; district court did not err |
| Whether § 893.13 convictions qualify as Sentencing Guidelines “controlled substance offense” | The Sentencing Commission exceeded authority by including state crimes without mens rea | The Commission acted within authority under 28 U.S.C. § 994(a) and § 994(h) implements career-offender policy | Commission did not exceed authority; career-offender application was proper |
| Whether the Sentencing Commission may include non-§994(h) state offenses as predicates | Limitation: only offenses “described in” § 841 should count unless mens rea exists | § 994(a) provides independent authority; § 994(h) list is not exclusive | Inclusion is permissible under § 994(a); career-offender guideline lawful |
| Whether any error in applying the Guidelines was harmless given statutory mandatory minimums | Any error affects Guidelines sentencing range and is prejudicial | Even if Guidelines treatment were invalid, statutory mandatory minimums (ACCA 180 months and § 924(c) 60 months) preserve Pearson’s 240-month sentence | Any error was harmless because statutory mandatory minimums control; sentence would remain 240 months |
Key Cases Cited
- United States v. Travis Smith, 775 F.3d 1262 (11th Cir. 2014) (Florida § 893.13 convictions qualify as ACCA and career-offender predicates)
- United States v. Weir, 51 F.3d 1031 (11th Cir. 1995) (Sentencing Commission may include non-enumerated drug offenses as controlled-substance predicates)
- United States v. Fernando Smith, 54 F.3d 690 (11th Cir. 1995) (§ 994(a) authorizes Guidelines constructions such as treating attempts/conspiracies as controlled-substance offenses)
- United States v. Archer, 531 F.3d 1347 (11th Cir. 2008) (panel precedent is binding on subsequent panels absent en banc or Supreme Court reversal)
- United States v. Paz, 405 F.3d 946 (11th Cir. 2005) (harmless-error standard for sentencing errors)