United States v. Semitra Young
682 F. App'x 420
6th Cir.2017Background
- Young, addicted to hydrocodone since 2008, began forging prescriptions and by 2012 participated in a multi-state conspiracy to obtain and sell oxycodone, hydrocodone, and Xanax.
- Police stops between March 2012 and June 2013 yielded hundreds to thousands of fraudulent prescriptions, blank prescription forms, printers, notebooks with doctors’ DEA numbers, and some pills; a firearm was also found.
- Young paid co-conspirators to fill forged prescriptions and instructed pharmacies via a phone number she controlled when verification calls came in.
- She was indicted in December 2014 for conspiracy to distribute and possession with intent to distribute oxycodone and hydrocodone; she pled guilty.
- The PSR attributed a total drug quantity (converted to marijuana equivalents) giving Young an offense level of 33 and a Guidelines range of 135–168 months; adjustments included leadership and firearm enhancements and an acceptance-of-responsibility reduction.
- The district court sentenced Young to 105 months (within the Guidelines range, with credit for time served); Young appealed asserting procedural and substantive unreasonableness.
Issues
| Issue | Young's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether unfilled forged prescriptions may be counted in drug-quantity calculation | Court erred by including prescriptions written but not yet filled | Unfilled prescriptions were ready for pharmacy delivery and reflect intent and would have resulted in drug acquisition absent arrest | Court held unfilled fraudulent prescriptions properly included in quantity calculation |
| Whether drugs intended for personal use should be excluded from conspiracy drug quantity | Court should not count pills intended for Young's personal use | In conspiracy sentencing, personal-use drugs are included in attributable quantity | Court held personal-use drugs are properly counted |
| Whether sentence was procedurally unreasonable (incorrect Guidelines range) | Guidelines range overstated due to improper quantity calculation | Quantity calculation was supported by evidence; court applied law correctly | Court found no procedural error; sentence procedurally reasonable |
| Whether sentence was substantively unreasonable (should depart downward) | Addiction and allegedly harsh oxycodone-to-marijuana conversion warranted below-Guidelines sentence | District court considered these factors but reasonably declined to depart given leadership role and repeated opportunities to stop | Court affirmed substantive reasonableness; within-Guidelines sentence not an abuse of discretion |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (standards for review of sentencing reasonableness)
- United States v. Jeross, 521 F.3d 562 (6th Cir. 2008) (drug-quantity errors render Guidelines range incorrect)
- United States v. Vasquez, 560 F.3d 461 (6th Cir. 2009) (defendant can be held responsible for drugs intended to be obtained but for logistical obstacles)
- United States v. Page, 232 F.3d 536 (6th Cir. 2000) (drugs intended for personal use are counted in conspiracy drug quantity)
- United States v. Brooks, 628 F.3d 791 (6th Cir. 2011) (district court may, but is not required to, depart from Guidelines)
- United States v. Kamper, 748 F.3d 728 (6th Cir. 2014) (within-Guidelines sentence is presumptively reasonable)
- United States v. Coppenger, 775 F.3d 799 (6th Cir. 2015) (standard of review for sentencing appeals)