631 F.3d 886
8th Cir.2011Background
- Resinos was charged with five counts of distribution of methamphetamine and pled guilty to count five; the government dismissed the other counts.
- An investigation began June 7, 2009; the CI conducted six controlled purchases yielding varying meth quantities.
- The PSR attributed all six purchases as relevant conduct, aggregating more than 50 grams of actual meth for sentencing purposes.
- The PSR produced a total offense level of 29, but the same aggregate quantity also triggered a 120-month mandatory minimum under 21 U.S.C. § 841(b)(1)(A)(viii).
- The district court applied the § 841(b)(1)(A)(viii) mandatory minimum to Resinos’s sentence based on aggregation.
- The en banc court held that aggregation of quantities from dismissed counts cannot be used to trigger the mandatory minimum; only quantities in the conviction count may do so.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May relevant conduct be aggregated to trigger the mandatory minimum? | Resinos | Resinos | No; only quantities in the conviction count may trigger the minimum. |
| Does aggregation in this case exceed the statute’s text for § 841(b)(1)(A)(viii)? | Resinos | Resinos | Yes; aggregation cannot trigger the minimum here. |
| Is the error harmless given the record? | Resinos | Resinos | Error is not harmless; remand required. |
Key Cases Cited
- United States v. Jenkins, 537 F.3d 894 (8th Cir. 2008) (held aggregation of relevant conduct for miminum trigger)
- United States v. Darmand, 3 F.3d 1578 (2d Cir. 1993) (aggregation not allowed for discrete § 841(a) offense)
- United States v. Estrada, 42 F.3d 228 (4th Cir. 1994) (aggregation rules for mandatory minimums explained)
- United States v. Sandlin, 291 F.3d 875 (6th Cir. 2002) (per curiam on § 841 minimum aggregation)
- United States v. Rodriguez, 67 F.3d 1312 (7th Cir. 1995) (distinct inquiries for conspiracy/§ 841(b))
- United States v. Grissom, 525 F.3d 691 (9th Cir. 2008) (aggregation limitations for mandatory minimums)
- United States v. Santos, 195 F.3d 549 (10th Cir. 1999) (statutory text governs mandatory-minimum triggers)