United States v. Robert Prather
456 F. App'x 622
8th Cir.2012Background
- Prather pleaded guilty to four counts including conspiracy to distribute crack cocaine and possession with intent to distribute, among others.
- District court sentenced Prather to 188 months and ordered forfeiture of $1,329 and a 2000 Lincoln Navigator, plus a $41,600 personal money judgment.
- Indictment sought forfeiture of the currency, the Navigator, and a personal money judgment.
- Evidence showed quantities of crack cocaine and paraphernalia found in December 2008; Prather admitted weekly sales and profits.
- In August 2009, undercover purchase occurred; Prather was arrested with $329 on his person and $1,000 in his sock.
- Prather contended the personal money judgment amount was not supported by sufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the personal money judgment amount is supported by the record | Prather argues insufficient evidence. | Government contends evidence supports $41,600. | Amount supported by preponderance of the evidence. |
| What standard governs review of forfeiture amounts and credibility of statements | Credibility of Prather’s statements should be given weight. | Court may rely on credibility; extrapolations allowed. | Court properly limited review to preponderance standard and defers to credibility findings. |
| Whether forfeiture proceeds calculation can rely on defendant's statements and contemporaneous price data | Prather's statements should not drive exact figures if unreliable. | District court may use reasonable extrapolation from reliable points. | District court did not clearly err in using extrapolation to reach $41,600. |
Key Cases Cited
- United States v. Bieri, 21 F.3d 819 (8th Cir. 1994) (proceeds and forfeiture standard; preponderance of the evidence)
- United States v. Van Nguyen, 602 F.3d 886 (8th Cir. 2010) (forfeiture and money judgment standards; prerequisites)
- United States v. Smith, 656 F.3d 821 (8th Cir. 2011) (money judgment when defendant has no assets at sentencing)
- United States v. Dodge Caravan Grand SE/Sport Van, 387 F.3d 758 (8th Cir. 2004) (standard for forfeiture findings and evidentiary support)
- United States v. Jones, 628 F.3d 1044 (8th Cir. 2011) (deference to district court credibility determinations)
- United States v. Roberts, 660 F.3d 149 (2d Cir. 2011) (no mathematical exactitude; use reasonable starting point)