United States v. Victor Lebron
20-4048
| 4th Cir. | Jul 7, 2021Background
- Victor Lebron was convicted of: (1) conspiracy to smuggle suboxone into a federal penitentiary (18 U.S.C. §§ 371, 1791); (2) conspiracy to distribute and possess with intent to distribute suboxone (21 U.S.C. §§ 841, 846); (3) possession with intent to distribute suboxone (21 U.S.C. § 841); and (4) making a materially false statement (18 U.S.C. § 1011).
- Lebron appealed, arguing the evidence was insufficient to support the convictions and that his 180‑month upward‑variant sentence was unreasonable.
- The Fourth Circuit reviewed sufficiency of the evidence de novo (upholding verdicts supported by substantial evidence) and sentencing for procedural and substantive reasonableness under Gall.
- The district court imposed a 180‑month sentence, a 30‑month upward variance from the Guidelines; it relied on Lebron’s continued criminal activity while incarcerated and his extensive criminal history.
- The Fourth Circuit concluded the record contained adequate evidence of the conspiracies, possession with intent to distribute, and the false statement, and that the district court adequately considered mitigation and had a reasoned basis for the upward variance.
Issues
| Issue | Plaintiff's Argument (Gov't) | Defendant's Argument (Lebron) | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy to smuggle into prison (§ 371/§ 1791) | Evidence showed an agreement, Lebron’s knowing participation, and overt acts in furtherance | No agreement proved; evidence insufficient to show Lebron joined a conspiracy | Affirmed: evidence, viewed favorably to Gov’t, was adequate to support conspiracy conviction |
| Sufficiency to prove drug conspiracy (§ 846) | Proof of agreement to distribute suboxone, Lebron’s knowledge and voluntary participation | No showing Lebron knowingly joined a distribution conspiracy | Affirmed: evidence supported elements of drug conspiracy |
| Whether possession of 50 strips showed intent to distribute (possession with intent) | Quantity and surrounding conduct supported intent to distribute rather than personal use | 50 strips were for personal consumption, not distribution | Affirmed: jury could reasonably infer intent to distribute from evidence presented |
| Materiality of Lebron’s false statement about an unexpected prison visit (18 U.S.C. § 1011) | Statement was knowingly false and material to the government investigation | Statement was not material to agency jurisdiction/investigation | Affirmed: Government proved the statement was knowingly false and material |
| Procedural and substantive reasonableness of 180‑month sentence | Upward variance justified by continued criminal conduct while incarcerated and criminal history | Variance was unwarranted and duplicative of prior 2017 sentence for related conduct | Affirmed: district court addressed mitigation, explained basis for variance, and acted reasonably under § 3553(a) and Gall |
Key Cases Cited
- Musacchio v. United States, 577 U.S. 237 (2016) (standard for sufficiency review: evidence must permit any rational trier of fact to find guilt beyond a reasonable doubt)
- Gall v. United States, 552 U.S. 38 (2007) (abuse‑of‑discretion framework for reviewing sentence procedural and substantive reasonableness)
- United States v. Savage, 885 F.3d 212 (4th Cir. 2018) (sufficiency review principles in the Fourth Circuit)
- United States v. Holloway, 128 F.3d 1254 (8th Cir. 1997) (elements for § 371 conspiracy to provide prohibited objects to inmates)
- United States v. Rafiekian, 991 F.3d 529 (4th Cir. 2021) (discussion of § 371 conspiracy elements)
- United States v. Tillmon, 954 F.3d 628 (4th Cir. 2019) (elements of a drug conspiracy under § 846)
- United States v. Penniegraft, 641 F.3d 566 (4th Cir. 2011) (elements for possession with intent to distribute)
- United States v. Hamilton, 699 F.3d 356 (4th Cir. 2012) (elements for making a materially false statement)