United States v. Michael Wheeler
682 F. App'x 229
| 4th Cir. | 2017Background
- Michael G. Wheeler was on supervised release; the district court found he committed new crimes, associated with a convicted felon, possessed/used illegal drugs, and failed mandatory drug treatment.
- Evidence included testimony from two experienced narcotics investigators identifying the sold substance as cocaine and a positive field test for cocaine.
- The court found the sold substance weighed 29 grams and treated the offense as a North Carolina felony (sale >28g but <200g).
- The court revoked Wheeler’s supervised release and sentenced him to 60 months’ imprisonment (within the Sentencing Guidelines policy range of 51–60 months for a Grade A violation with Criminal History VI).
- Wheeler appealed; appellate counsel filed an Anders brief, questioning whether the Government proved trafficking cocaine; Wheeler filed a pro se brief arguing the sentence was unreasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the substance Wheeler sold proven to be cocaine? | Government: testimony of two trained narcotics investigators and a positive field test sufficiently show it was cocaine. | Wheeler: field testing is less reliable than lab testing; actual cocaine quantity uncertain. | Held: No clear error — testimony plus field test sufficed to find the substance was cocaine by a preponderance. |
| Did the Government meet the burden to revoke supervised release? | Government: proved new criminal conduct by preponderance of evidence. | Wheeler: challenges sufficiency/quality of evidence. | Held: Preponderance standard met; revocation was not an abuse of discretion. |
| Was the 60‑month revocation sentence unreasonable? | Government: within guideline policy range and adequately explained. | Wheeler: sentence is unreasonable. | Held: Sentence is within statutory maximum and policy range; not plainly unreasonable. |
| Was the 29‑gram weight determination legally relevant and acceptable? | Government: total mixture weight controls under NC law; 29g supports felony grade and guideline calculation. | Wheeler: without scientific testing, actual cocaine weight is uncertain. | Held: Under State v. Reid, total mixture weight is controlling; district court properly relied on 29g. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedures for counsel filing a brief asserting there are no meritorious issues)
- United States v. Padgett, 788 F.3d 370 (4th Cir.) (standard of review for supervised release revocation)
- Glossip v. Gross, 135 S. Ct. 2726 (2015) (definition/discussion of clear error standard)
- United States v. Louthian, 756 F.3d 295 (4th Cir.) (presumption of reasonableness for within‑range revocation sentences)
- State v. Reid, 566 S.E.2d 186 (N.C. Ct. App. 2002) (total weight of mixture containing cocaine determines offense under NC law)