United States v. Le'Ardrus Burris
16-3855
| 6th Cir. | Dec 13, 2017Background
- Burris was convicted at trial of conspiracy to possess with intent to distribute and to distribute heroin (21 U.S.C. § 846) and sentenced after the district court designated him a Career Offender under U.S.S.G. § 4B1.1 based on prior Ohio convictions: complicity to drug trafficking (Ohio Rev. Code § 2923.03) and felonious assault (Ohio Rev. Code § 2903.11).
- Burris objected that the Career Offender classification overstated his record but did not contest the existence of the prior convictions at sentencing; he argued on appeal that the Ohio complicity conviction does not categorically qualify as a "controlled substance offense."
- The complicity statute (§ 2923.03) in Ohio criminalizes four alternatives (solicitation, aiding and abetting, conspiracy, causing an innocent person to commit the offense) but requires commission (or attempt) of the underlying substantive offense (Ohio Rev. Code § 2925.03).
- The district court applied the Career Offender guideline, producing an advisory range the court ultimately varied downward from and imposed a 90-month term (below the Guidelines range).
- The Sixth Circuit affirmed, holding that Ohio complicity convictions qualify categorically as controlled-substance offenses because conviction requires proof of the elements of the underlying drug-trafficking offense, which the court previously held qualifies as a controlled-substance offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ohio complicity (§ 2923.03) is a "controlled substance offense" under U.S.S.G. § 4B1.2(b) | Burris: solicitation alternative may criminalize uncompleted speech and thus not categorically a controlled-substance offense | Government: Ohio complicity requires proof of the underlying drug-trafficking elements, so it categorically qualifies | Held: § 2923.03 categorically qualifies because conviction requires commission/attempt of the underlying drug offense which itself categorically qualifies |
| Whether Ohio felonious assault (§ 2903.11) is a predicate "violent felony" for Guidelines purposes | Burris: challenges predicate status | Government: prior Ohio felonious assault is a force-clause predicate under binding precedent | Held: Binding Sixth Circuit precedent (Anderson, Williams) establishes it is a predicate violent felony |
| Sufficiency of evidence for conspiracy conviction under 21 U.S.C. § 846 | Burris: no direct sale evidence and insufficient proof of voluntary joining | Government: circumstantial evidence supports existence of conspiracy and Burris’s participation | Held: Evidence (communications, surveillance, drugs/cash at residences, admissions) was sufficient to support conviction |
| Applicability of Dolt (Florida solicitation) to Ohio complicity | Burris: cites Dolt to argue solicitation can punish uncompleted crime | Government: Ohio statute differs because it requires underlying offense | Held: Dolt inapplicable; Ohio statute is meaningfully different because it requires an actual offense |
Key Cases Cited
- United States v. Evans, 699 F.3d 858 (6th Cir.) (held Ohio drug-trafficking statute categorically qualifies as a Guidelines controlled-substance offense)
- United States v. Gloss, 661 F.3d 317 (6th Cir.) (a facilitation/conspiracy conviction qualifies if government must prove elements of underlying felony)
- United States v. Dolt, 27 F.3d 235 (6th Cir.) (Florida solicitation statute does not require completion of the offense; distinguished here)
- United States v. Anderson, 695 F.3d 390 (6th Cir.) (Ohio felonious assault necessarily involves use of physical force and is a predicate ACCA/Guidelines violent felony)
- Williams v. United States, 875 F.3d 803 (6th Cir.) (followed Anderson on Ohio felonious assault)
- United States v. Pritchett, 749 F.3d 417 (6th Cir.) (elements required to prove a conspiracy under § 846)
- United States v. Martinez, 430 F.3d 317 (6th Cir.) (conspiracy may be inferred from circumstantial evidence)