United States v. Terry Mitchell, 493 F. App'x 440

Mitchell was convicted by jury of conspiracy to possess with intent to distribute and distribute cocaine powder and crack, and three counts of using a telephone to facilitate a felony.
The jury’s special verdict found Mitchell was responsible for at least 50 g of crack and 5 kg of cocaine.
Presentence report considered the jury quantities and also proposed a lower quantity to avoid double counting.
At sentencing, Mitchell, proceeding pro se, challenged the quantity for Guidelines purposes.
The district court ruled it must accept the jury’s quantity findings for statutory range and adopted the PSR’s figures for Guidelines, sentencing Mitchell to 152 months.
Mitchell appeals, arguing the district court should have independently determined drug quantity for Guidelines purposes; the appeal is reviewed de novo.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court could independently determine drug quantity for Guidelines purposes.	Mitchell urged adoption of a lower quantity per PSR.	State argued the jury’s quantity controls the statutory range and informs guideline calculations.	District court could not reduce below the jury’s finding; it must adopt the jury quantity.
Whether the jury’s quantity finding constrains the district court’s sentencing determinations.	Mitchell claimed greater latitude to adjust quantity for Guidelines.	The district court is bound by statutory range but may calculate Guidelines with evidence-based quantities within that range.	Non-contradiction prevents finding less than the jury’s quantity; court’s Guidelines calculation may rely on that quantity.

United States v. Davenport, 445 F.3d 366 (4th Cir. 2006) (legal standard on whether district court can make independent factual findings for sentencing)
United States v. Collins, 415 F.3d 304 (4th Cir. 2005) (jury’s drug quantity informs statutory range; limits on adjustments)
United States v. Promise, 255 F.3d 150 (4th Cir. 2001) (factors for calculating guidelines within statutory range)
United States v. Young, 609 F.3d 348 (4th Cir. 2010) (district court must make factual findings by a preponderance for Guidelines)
United States v. Brooks, 524 F.3d 549 (4th Cir. 2008) (sentencing court may use evidence-based quantities within range)
United States v. Curry, 461 F.3d 452 (4th Cir. 2006) (non-contradiction principle in sentencing when jury and court findings diverge)
United States v. Washburn, 444 F.3d 1007 (8th Cir. 2006) (special verdict findings and non-disprovability of loss amounts)
United States v. Campos, 362 F.3d 1013 (8th Cir. 2004) (vacating sentence where district court found lesser amount than jury)