964 F.3d 632
7th Cir.2020Background
- Robinson was indicted for conspiracy to possess with intent to distribute 500 grams or more of methamphetamine (21 U.S.C. §841(b)(1)(A)) and pled guilty.
- Evidence: co‑defendant Joshua Jacobs told agents he bought from Robinson ~10–12 times (≈1 lb / 450 g); Robinson was recorded agreeing to deliver more and was arrested with 86.4 g on his person.
- Pre‑plea filings and the plea colloquy repeatedly described the charged conspiracy as involving 500 grams or more; Robinson acknowledged understanding the indictment and pled “guilty as charged.”
- At sentencing Robinson affirmed the Presentence Investigation Report (PSR) as "true and accurate," which attributed at least 1.5 kg (but less than 4.5 kg) to the conspiracy; the court adopted those findings and applied a base offense level consistent with that quantity.
- Robinson did object to certain PSR items (leadership, criminal history) but never objected to the drug‑quantity finding at sentencing and did not dispute the plea’s statutory range then.
- On appeal Robinson argued he had pled only to an unspecified or lesser quantity (at most the §841(b)(1)(B) range) and that sentencing to the §841(b)(1)(A) range violated Apprendi/Alleyne unless the quantity were admitted or found by a jury.
Issues
| Issue | Plaintiff's Argument (Robinson) | Defendant's Argument (Gov't) | Held |
|---|---|---|---|
| Whether Robinson admitted—and therefore may be sentenced on—a conspiracy involving 500 grams+ of methamphetamine | Robinson says his plea and colloquy did not establish a 500g+ admission; at most he admitted smaller personal deliveries, so Apprendi/Alleyne require jury finding for higher statutory range | Robinson repeatedly admitted the conspiracy and drug‑quantity facts in plea papers, plea colloquy, and by affirming the PSR; Pinkerton liability makes conspirators responsible for foreseeable co‑conspirator quantities; he waived objections | Affirmed. Court found multiple admissions and waiver; Pinkerton principle applies; no plain error. Robinson may be sentenced under §841(b)(1)(A). |
Key Cases Cited
- Apprendi v. New Jersey, 530 U.S. 466 (constitutional rule that any fact increasing punishment beyond statutory maximum must be admitted or found by jury)
- Alleyne v. United States, 570 U.S. 99 (clarifies Apprendi principle for facts increasing mandatory minimums)
- Pinkerton v. United States, 328 U.S. 640 (each conspirator liable for reasonably foreseeable acts/quantities of co‑conspirators)
- United States v. Warneke, 310 F.3d 542 (7th Cir.) (admissions can substitute for jury findings on quantity)
- United States v. Jones, 900 F.3d 440 (7th Cir. 2018) (applying Pinkerton in drug conspiracy context)
- United States v. Savage, 891 F.2d 145 (7th Cir. 1989) (defendant cannot limit sentencing to only drugs personally distributed after admitting conspiracy quantities)
- United States v. Staples, 202 F.3d 992 (7th Cir. 2000) (failure to timely object can forfeit appellate review)
- United States v. Brodie, 507 F.3d 527 (7th Cir. 2007) (stating that affirming the PSR and making limited objections can constitute waiver of other challenges)