United States v. Steven Campbell
764 F.3d 874
| 8th Cir. | 2014Background
- Campbell and Bailey pleaded guilty to conspiracy to possess with intent to distribute anabolic steroids (Count 1) and conspiracy to commit money laundering (Count 2).
- Plea agreements stipulated steroid quantity between 1 and 2.5 kg, at least $400,455 laundered, and that the conspiracy ran from 2007; the agreements expressly recommended using U.S.S.G. § 2S1.1(a)(2) (base offense level 22).
- Presentence reports (PSRs) applied § 2S1.1(a)(2) because the underlying offense level was deemed impracticable to determine; both PSRs produced an adjusted offense level of 27.
- Campbell’s criminal-history category was IV; Bailey’s PSR assigned 14 criminal-history points (category VI), including two 1998 misdemeanors and two points for committing the offense while on supervised release.
- Neither defendant objected to the PSRs’ adoption of § 2S1.1(a)(2) or to the factual findings; district court adopted the PSRs and sentenced below the Guidelines ranges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper §2S1.1 subsection for money-laundering calculation | Gov't: (implicitly) rely on agreed plea terms and PSR applying §2S1.1(a)(2) | Campbell & Bailey: they were direct launderers who committed the underlying offense, so §2S1.1(a)(1) should apply (base offense level from Count 1) | Court: Waiver/invited error — defendants agreed in plea to §2S1.1(a)(2); appellate review precluded; affirmed. |
| Bailey's criminal-history calculation (1998 misdemeanors & supervised release points) | Bailey: the 1998 misdemeanors are >10 years before he met Campbell (so not countable) and his supervised release had expired, so the PSR erred | Govt: PSR factual stipulation states Bailey participated from 2007, so the 1998 convictions and supervised-release points properly apply | Court: No plain error — Bailey stipulated to participation beginning 2007; PSR adopted as true; criminal-history points upheld. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (procedural error and standard of review for sentencing)
- United States v. Blackmon, 557 F.3d 113 (2009) (amendments tying money-laundering offense levels to underlying conduct)
- United States v. Hanna, 661 F.3d 271 (test for applying §2S1.1(a)(2) when underlying offense level cannot be determined)
- United States v. Thompson, 289 F.3d 524 (invited error/waiver where defendant approved withdrawal of objections)
- United States v. Wisecarver, 598 F.3d 982 (waiver of appellate review for knowingly voluntary waivers)
- United States v. Pepper, 747 F.3d 520 (PSR facts accepted where defendant fails to object)