U.S. v. Farrell, 89-1065
| Decision Date | 23 January 1990 |
| Docket Number | No. 89-1065,89-1065 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. William FARRELL and Roger Dubois, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Brian J. McMenimen, Boudreau, Burke, McMenimen & Barber, Boston, Mass., for Farrell.
Don Ervin, Houston, Tex., for Dubois.
Randell P. Means, Asst. U.S. Atty., Fort Worth, Tex., Marvin Collins, U.S. Atty., Dallas, Tex., for plaintiff-appellee.
Appeals from the United States District Court for the Northern District of Texas.
Before GEE, JONES and SMITH, Circuit Judges.
Facts
Defendants, Jaime Garza, Roberto Escobar, Francisco Chapa, Daniel Lopez, William Farrell and Roger Dubois were involved in a drug deal with undercover agents of the Drug Enforcement Administration (DEA) for the purchase of marijuana. Garza began negotiations with the DEA agents for the purchase of 2,000 pounds of marijuana. After a series of negotiations, Garza and Escobar were taken to a warehouse where they were shown 2,000 pounds of marijuana, which they rejected as being of poor quality. Several days later the DEA agents showed Garza and Escobar a new load of marijuana. This time, Garza and Escobar approved the quality.
The next day, Garza and Escobar were joined by Chapa and Lopez, all of whom checked into a motel in the Fort Worth area. The day after that, Garza again met with the DEA agents--this time, to inform them he had a buyer, later identified as William Farrell, who wished to buy only 500 pounds of marijuana. After further negotiations, the DEA agents reluctantly agreed to the sale of the lesser amount. Shortly thereafter, the agents met Farrell in a room at the motel. Farrell then left the purchase money in the motel room with Dubois, while he, Garza and Escobar went with the agents to a warehouse to look at the marijuana. After Farrell indicated that he was satisfied with the quality of the marijuana, he, Garza and Escobar were arrested at the warehouse, while Chapa, Lopez and Dubois were arrested at the motel. Farrell and Dubois were charged with, among other things, one count of Interstate Travel in Aid of Racketeering, in violation of 18 U.S.C. Section 1952. To this count both appellants plead guilty; the other charges were dismissed. A presentence report, prepared by the United States probation officer, set forth calculations of the defendants' sentences pursuant to the sentencing guidelines. These calculations took into account the full amount of marijuana under negotiation, 2,000 pounds.
The presentence report also labeled Farrell an organizer, giving him a two level increase under section 3B1.1(c) of the sentencing guidelines. Farrell objected to this increase, arguing that, instead, he deserved a two level reduction for being only a minor participant. The district court denied Farrell's request, but did give him a two level reduction for acceptance of responsibility. The court ultimately arrived at an offense level of 30, producing a sentencing range of 97 to 121 months imprisonment. Because the maximum sentence authorized under guideline section 5G1.1(a) for violations of 18 U.S.C. section 1952 is 60 months, Farrell was sentenced to 60 months in prison, with three years of supervised release, a $5,000 fine and a $50 special assessment.
The presentence report also labeled Dubois as an organizer and he too received a two level increase under section 3B1.1(c) of the guidelines. Again, because the calculated range of sentence exceeded the maximum allowed under guideline section 5G1.1(a), Dubois received the same sentence as Farrell. Farrell and Dubois appeal.
Both argue that the district court erred when it based its calculations on the purchase of 2,000 rather than 500 pounds of marijuana. Farrell further argues that the court erred when it refused to find him a minor participant and reduce his offense level by two. Dubois further argues that the court erred when it found him to be an organizer, increasing his offense level by two. We affirm.
A sentence will not be overturned on appeal so long as it results from a correct application of the guidelines to factual findings which are not clearly erroneous. United States v. Sarasti, 869 F.2d 805, 806 (5th Cir.1989). Sentencing guideline section 2E1.2, applicable to Travel in Aid of a Racketeering Enterprise, provides that the base offense level be the greater of 6 or the "offense level applicable to the ... unlawful activity in respect to which the travel or transportation was undertaken." The appellants contend that the "unlawful activity" for which the travel was taken was the purchase of 500 pounds of marijuana. The Government contends that the unlawful activity for which the travel was...
To continue reading
Request your trial
-
U.S. v. Edwards
...336 F.2d 376, 384-385 (2d Cir.1964), certiorari denied, 379 U.S. 960, 85 S.Ct. 647, 13 L.Ed.2d 555. The decision in United States v. Farrell, 893 F.2d 690 (5th Cir.1990), suggests a broader rule. In Farrell, the court upheld an offense level based on 2,000 pounds of marijuana even though th......
-
U.S. v. Mueller
...a "minor" participant. Indeed, Segler's offense level was adjusted upward to account for his leadership role. Cf. United States v. Farrell, 893 F.2d 690, 692-93 (5th Cir.1990) (counting each of two co-defendants as leaders or managers and giving each an upward adjustment, even though one wa......
-
U.S. v. Mares-Molina
...the cocaine was off-loaded. The holdings of United States v. Carrillo, 888 F.2d 117 (11th Cir.1989) (per curiam), and United States v. Farrell, 893 F.2d 690 (5th Cir.1990), do not require a difference result. In Carrillo, a two-point upward adjustment under section 3B1.1(c) was warranted be......
-
U.S. v. Carreon
...924 F.2d 1385 (7th Cir.1991), which addressed the scope of a conspiracy under the substantive criminal law, and United States v. Farrell, 893 F.2d 690 (5th Cir.1990), which addressed sentencing accountability for planned future purchases of drugs. Edwards, 945 F.2d at 1394-97.43 Edwards, 94......