United States v. Steven McDowell
767 F.3d 721
| 7th Cir. | 2014Background
- Cooper and McDowell were convicted of a heroin distribution conspiracy in Rockford, Illinois.
- They appeal claiming insufficient evidence to convict on conspiracy or to attribute drug quantity.
- Co-conspirators Harris and Breedlove pled guilty and admitted the conspiracy involved 1–3 kg of heroin.
- Grand jury testimony from Donia McDowell and Vaughn Johnson was admitted as substantive evidence.
- Donia and Johnson testified to Cooper, Presley, Harris, and McDowell’s involvement in drug production and distribution.
- A shootout at the Longwood apartment occurred, with weapons recovered and links to Cooper and Presley.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy conviction | Cooper, McDowell: insufficient evidence | Cooper, McDowell: evidence shows association only | Evidence supports conspiracy; convictions affirmed |
| Drug quantity finding (1–3 kg) | Conspiracy involved 1–3 kg per Harris/Breedlove admissions | Record insufficient to justify >1 kg | District court’s quantity finding not clearly erroneous; affirm |
| Firearm possession enhancement | McDowell admits co-conspirators possessed guns; enhancement appropriate | Challenge to firearm enhancement should fail | Enhancement properly applied as foreseeable to defendant |
| Leader/organizer enhancement (5+ participants) | McDowell exercised leadership over conspiracy | Lacks five-participant control; challenge to §3B1.1(a) | McDowell properly held as leader; four-level enhancement affirmed |
Key Cases Cited
- United States v. Johnson, 592 F.3d 749 (7th Cir. 2010) (conspiracy requires agreement and joining in the agreement)
- United States v. Taylor, 600 F.3d 863 (7th Cir. 2010) (one-to-three kilogram limitation can guide quantity attributions)
- United States v. James, 540 F.3d 702 (7th Cir. 2008) (relationship and cooperative conduct show conspiracy)
- United States v. Spagnola, 632 F.3d 981 (7th Cir. 2011) (government need not prove every participant; context matters)
- United States v. Medina, 728 F.3d 701 (7th Cir. 2013) (reliance on co-conspirator admissions for drug quantity)