United States v. Letorres Jackson
673 F. App'x 527
| 6th Cir. | 2017Background
- Jackson pleaded guilty to possession with intent to distribute ≥28 grams of cocaine base under 21 U.S.C. § 841(a)(1) and (b)(1)(B)(iii).
- The presentence report attributed 2.83 kg (100 ounces) of crack to Jackson, yielding an offense level 34 and an advisory guideline range of 135–168 months.
- Jackson disputed the attributed drug quantity at sentencing; the district court overruled the objection and adopted the PSR calculation.
- The PSR relied on Jackson’s admission that he paid $13,000–$17,000 for 10–12 ounces every ~3 days and that he supplied Fred Johnson; phone records and Johnson’s texts showed activity from at least August 7, 2014.
- The probation officer conservatively calculated 10 shipments of 10 ounces each (100 oz = 2.83 kg); the district court granted a downward variance and sentenced Jackson to 120 months.
- On appeal, Jackson argued the court clearly erred in attributing 2.83 kg because the government did not tie Johnson’s texts conclusively to Jackson or prove duration/sourcing.
Issues
| Issue | Jackson's Argument | Government/District Court Argument | Held |
|---|---|---|---|
| Whether court clearly erred in attributing 2.83 kg to Jackson | Quantity not proven by competent evidence; texts not tied to Jackson; court assumed sole supplier | PSR contained Jackson’s admissions and his phone records showing contact with source; conservative estimate reasonable | Court affirmed: finding not clearly erroneous; quantity proven by preponderance |
Key Cases Cited
- United States v. Samuels, 308 F.3d 662 (6th Cir. 2002) (standard of review: drug-quantity factual findings reviewed for clear error)
- United States v. Anderson, 526 F.3d 319 (6th Cir. 2008) (drug quantity may be established by preponderance; estimates permissible if conservative)
- United States v. Jeross, 521 F.3d 562 (6th Cir. 2008) (approximation of drug quantity upheld if supported by competent evidence)
- United States v. Roark, [citation="403 F. App'x 1"] (6th Cir.) (PSR admissions and phone records can provide sufficient basis for drug-quantity approximation)
- United States v. Walton, 908 F.2d 1289 (6th Cir. 1990) (court must not assume continuous dealing over long periods without supporting evidence; courts should err on side of caution)