47 F.4th 608
7th Cir.2022Background
- Turnipseed pled guilty to RICO conspiracy for participation in the Four Corner Hustlers; plea admitted enterprise engaged in murder, robbery, extortion, and drug trafficking.
- Relevant admissions: (1) Apr. 20, 2010 — armed while selling heroin (firearm hidden in mailbox); (2) Aug. 31, 2012 — engaged in a shootout with a rival, firing a handgun; an innocent high-school student (T.S.) was shot four times and seriously injured; (3) Sept. 29, 2017 — encouraged deletion of social-media photos/videos showing firearms and drugs.
- At sentencing Turnipseed argued the shootout was aggravated assault (U.S.S.G. § 2A2.2) and that he qualified for a two-level minor-role reduction (U.S.S.G. § 3B1.2).
- The district court found Turnipseed acted with malice aforethought, applied the attempted-murder guideline (U.S.S.G. § 2A2.1), denied a minor-role reduction, calculated a guidelines range of 63–78 months, and imposed a 120-month sentence above the guidelines after weighing 18 U.S.C. § 3553(a) factors.
- On appeal the Seventh Circuit reviewed for procedural error and substantive reasonableness and affirmed: attempted-murder guideline properly applied, no clear error on minor-role denial, and above-guideline sentence reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper guideline for the shootout: attempted murder (§2A2.1) vs aggravated assault (§2A2.2) | Turnipseed: conduct supports aggravated assault, not intent to kill; §2A2.2 should apply | Gov't/District Court: facts show malice aforethought and intent to kill; §2A2.1 applies | Court: affirmed §2A2.1; factual finding of intent to kill not clearly erroneous |
| Minor-role reduction under U.S.S.G. §3B1.2 | Turnipseed: substantially less culpable than average conspirator; entitled to two-level reduction | Gov't/District Court: Turnipseed was armed, participated in violence, and was essential to gang operations; no minor role | Court: denied reduction; district court’s factual determination not clearly erroneous |
| Substantive reasonableness based on uncharged conduct and aggravating facts | Turnipseed: sentence unreasonable because district relied on uncharged social-media evidence and on being shot at at 14 | Gov't/District Court: court permissibly considered admitted conduct, social-media posts proved by preponderance, and §3553(a) factors justify variance | Court: affirmed 120-month sentence as reasonable and supported by adequate explanation |
Key Cases Cited
- United States v. Porraz, 943 F.3d 1099 (7th Cir. 2019) (two-step review of sentencing: procedural then substantive)
- United States v. Cherry, 855 F.3d 813 (7th Cir. 2017) (standard of review for guideline application and factual findings)
- United States v. Delaney, 717 F.3d 553 (7th Cir. 2013) (definition of malice aforethought / intent to kill)
- United States v. Grant, 15 F.4th 452 (6th Cir. 2021) (intent for attempted murder where defendant aimed and fired in victim’s direction)
- United States v. Tello, 687 F.3d 785 (7th Cir. 2012) (affirming use of attempted-murder guideline where defendant fired at rival gang members)
- United States v. Lard, 327 F.3d 551 (7th Cir. 2003) (clear-error standard; permissible views of evidence)
- United States v. Guzman-Ramirez, 949 F.3d 1034 (7th Cir. 2020) (standards and factors for minor-role reduction under §3B1.2)
- Gall v. United States, 552 U.S. 38 (2007) (standard for reviewing substantive reasonableness of sentencing variances)