United States v. Simmons
635 F.3d 140
| 4th Cir. | 2011Background
- Simmons pled guilty to three federal marijuana distribution counts in the Western District of North Carolina.
- The government filed a § 851 information relying on a 1996 North Carolina conviction for possession with intent to sell/deliver marijuana to enhance under § 841(b)(1)(D).
- Simmons argued the 1996 conviction did not qualify as a felony drug offense punishable by more than one year, and challenged Sixth Amendment counsel issues.
- The district court sentenced Simmons to 120 months on each count, to be served concurrently.
- This court initially affirmed based on United States v. Harp, treating the 1996 NC conviction as a qualifying felony drug offense, then the Supreme Court vacated and remanded for reconsideration in light of Carachuri-Rosendo.
- On remand, the court again affirms, holding Carachuri-Rosendo does not alter the analysis and that Simmons’ 1996 conviction qualifies for the enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1996 NC conviction is an offense punishable by over one year | Simmons: offense not punishable over one year under NC law | Government: offense punishable by more than one year under NC statute | Yes; 1996 conviction is punishable by more than one year |
| Whether Carachuri-Rosendo requires a different framework | Simmons: applies and undermines Harp framework | Government: Carachuri-Rosendo not controlling here | Carachuri-Rosendo does not change result |
| Whether trial court must hold a § 851 hearing or whether error is harmless | Simmons: hearing required to challenge counsel ineffectiveness | Government: any lapse harmless due to § 851(e) time bar | Harmless error; five-year § 851(e) bar applies |
Key Cases Cited
- Harp, 406 F.3d 242 (4th Cir. 2005) (analysis of punishable by more than one year for North Carolina offenses)
- Jones, 195 F.3d 205 (4th Cir. 1999) (offense-for-offense approach to punishability)
- Carachuri-Rosendo v. Holder, 560 U.S. _ (2010) (requires actual conviction of an offense punishable as a felony; not just possible charge)
- Carachuri-Rosendo v. Holder, 130 S. Ct. 2577 (2010) (same holding; discussed in context of immigration)