United States v. Santiago, 2:18-cr-00008

Background

Victor Lebron, a USP Lee inmate, previously pled guilty in 2017 for possessing a prohibited object after swallowing buprenorphine transferred to him by visitor Christy Santiago; that conviction and appeal (appeal-waiver-based) were resolved before the later indictment.
In 2018 Lebron was indicted for the same 2015 incident on counts including conspiracy to provide a prohibited object in prison (18 U.S.C. § 371 / § 1791), drug distribution and possession with intent to distribute (21 U.S.C. § 841/846), and making a false statement (18 U.S.C. § 1001); a jury convicted him of all counts.
The PSR grouped counts and applied USSG §2D1.1 to the drug counts (base offense level 6 plus +2 for distribution in prison), and classified Lebron as a Career Offender under USSG §4B1.1 resulting in Total Offense Level 24, CHC VI, and a 100–125 month advisory range.
The government objected, arguing USSG §2P1.2(c)(1)’s cross-reference to §2D1.1 (and its built-in minimum of level 26 when applicable) applies because the object of the offense was distribution in prison, which would raise the Total Offense Level to 26 (advisory range 120–150 months).
The court found the trial evidence showed the object was redistribution of buprenorphine in the prison, concluded the §2P1.2(c)(1) cross-reference applies (including to a §371 conspiracy), sustained the government’s objection, and adopted Total Offense Level 26 with CHC VI (120–150 months).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether USSG §2P1.2(c)(1) cross-reference to §2D1.1 applies (and triggers minimum level 26)	Object of offense was distribution in prison; apply §2D1.1 and, because resulting level <26, increase to 26	Offense level should be the §2D1.1 calculation used in PSR (base 6 +2) and not elevated to 26	Court sustained gov’t objection and applied level 26
Whether the §2P1.2(c)(1) cross-reference applies when defendant was convicted of conspiracy under 18 U.S.C. §371	Cross-reference applies to conspiracies because USSG §1B1.3 cmt.7 treats convictions for conspiracy as governing statute-specific determinations	Cross-reference applies only when defendant is convicted under the specific statute (arg implicitly raised)	Court applied USSG §1B1.3 cmt.7 and Mapp, holding conspiracy conviction triggers the cross-reference
Whether Lebron is a Career Offender	Government agreed Career Offender classification is proper	Defendant objected to Career Offender status based on missing records (representation at prior convictions, timing)	Probation obtained documentation; defendant withdrew objections; Career Offender status sustained
Whether Career Offender or §2P1.2 result controls sentencing range (and effect of §851 notice)	Government sought Total Offense Level 26 with CHC VI (advisory 120–150 months)	Defendant noted §851 notice was not given so higher Career Offender offense level tied to enhanced statutory maximum could not be used	Court applied Total Offense Level 26 with CHC VI (120–150 months); noted §851 absence prevented applying a higher Career-Offender offense level tied to an enhanced statutory maximum

Key Cases Cited

United States v. Lebron, [citation="699 F. App'x 265"] (4th Cir. 2017) (appeal dismissed based on plea-agreement appeal waiver)
United States v. Mapp, 990 F.2d 58 (2d Cir. 1993) (cross-reference under §2P1.2(c)(1) governs conspiracy to violate §1791)
United States v. Gordon, 838 F.3d 597 (5th Cir. 2016) (Career Offender guideline governs criminal history category)