U.S. v. Lazenby
| Decision Date | 10 March 2006 |
| Docket Number | No. 05-2214.,05-2214. |
| Citation | 439 F.3d 928 |
| Parties | UNITED STATES of America, Plaintiff-Appellant, v. Lynn Marie LAZENBY, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Christine Marie Goodwin, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Stephanie M. Rose, AUSA, argued, Cedar Rapids, IA, for appellant USA.
David E. Mullin, argued, Cedar Rapids, IA, for appellant Goodwin.
Michael L. Mollman, argued, Cedar Rapids, IA, for appellee Lazenby.
Before LOKEN, Chief Judge, McMILLIAN* and MELLOY, Circuit Judges.
Lynn Marie Lazenby and Christine Marie Goodwin pleaded guilty to conspiring to manufacture and distribute methamphetamine in violation of 21 U.S.C. §§ 841 and 846. The district court sentenced Lazenby to twelve months and one day in prison, a substantial downward variance from the bottom of her advisory guidelines range. One month later, a different judge of the same court sentenced Goodwin to 87 months in prison, the bottom of her advisory guidelines range. The United States appealed Lazenby's sentence and Goodwin appealed her sentence as unreasonable under 18 U.S.C. § 3553(a) and United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). After oral arguments, the court on its own motion consolidated the appeals for disposition. We conclude that Lazenby's sentence is unreasonable and that the district court did not adequately consider a number of relevant factors in determining Goodwin's sentence. Accordingly, we remand both cases for resentencing.
Lazenby and Goodwin fell in love with the same methamphetamine manufacturer and distributor, Patrick Lazenby (Lynn Lazenby's ex-husband, who is now serving a long federal prison sentence). The two women became methamphetamine users at Patrick's behest. More significantly, Lazenby and Goodwin assisted Patrick and other more culpable conspirators in the manufacture and distribution of methamphetamine.
Lazenby's Offense Conduct. Beginning in early 2003, Lazenby purchased precursor items for the manufacture of methamphetamine and drove Patrick to rural areas where he could steal anhydrous ammonia. When Patrick was arrested in early 2004, Lazenby took up with a new boyfriend, conspirator Daniel Allie. She remained active in the conspiracy, purchasing precursor items for Allie and allowing her home to be used for the sale and use of methamphetamine in exchange for user amounts of methamphetamine. When arrested in October 2004, Lazenby called Allie at her home to warn him she had been arrested. A later search of the home uncovered evidence of methamphetamine manufacture—peeled lithium batteries, burned aluminum foil, muriatic acid, a cooler and tubing that smelled of anhydrous ammonia, baggies, and a small amount of methamphetamine. The Iowa Department of Human Services removed Lazenby's five-year old son from the home when his hair tested positive for chronic exposure to methamphetamine. In her plea agreement, Lazenby stipulated she "knew that Allie and his associates used at least 100 grams of pseudoephedrine in the manufacture of methamphetamine."
Goodwin's Offense Conduct. In March 2003, Goodwin was caught shoplifting lithium batteries and pseudoephedrine at a Wal-Mart store. A search incident to the arrest uncovered more pseudoephedrine, four cans of starter fluid, two propane cylinders showing signs of exposure to anhydrous ammonia, and other objects consistent with methamphetamine production. When Goodwin was again arrested for shoplifting lithium batteries in September 2003, police uncovered a spoon and home-made pipe that tested positive for methamphetamine. As a result of the arrests, Goodwin began living at the Gerald R. Hinzman Center, a half-way house. She also maintained a "furlough residence" with Patrick Lazenby in Cedar Rapids. A warrant search of this residence in January 2004 uncovered evidence of methamphetamine production, including tanks of anhydrous ammonia, boxes of pseudoephedrine, heavy tubing, and lithium batteries. In her plea agreement, Goodwin stipulated that she "purchased at least 300 grams of pseudoephedrine for use in the manufacture of methamphetamine."
Lazenby's Sentencing. In determining Lazenby's advisory guidelines sentencing range of 70 to 87 months in prison, the parties and the court agreed on a base offense level of 32 based on at least 100 grams but less than 300 grams of pseudoephedrine. See U.S.S.G. § 2D1.11(d)(4). The government agreed that Lazenby qualified for "safety valve" relief. The district court denied a two-level reduction for her role in the offense. To support her claim for a downward variance from the guidelines range, Lazenby called three witnesses who testified that she was allowed to care for her son during weekdays and has a loving relationship with him, that she has attended meetings of a Moms Off Meth support group and passed post-arrest drug tests, and that she is a valued and trusted employee.
The district court sentenced Lazenby to twelve months and one day in prison. The court found it highly unlikely she will commit future crimes and noted that she made extraordinary efforts to reunite with her son, probably used methamphetamine only on the weekends because she was able to "maintain a high level of job performance on what would be a relatively stressful job," and was drawn into the conspiracy as a result of her poor choices in relationships with men. Regarding the need to avoid unwarranted sentencing disparity, the court stated: "the sentence that I'm about to give is a sentence that I would give for a similarly situated individual post-Booker, and hopefully the sentences on the whole will be somewhat less harsh in the post-Booker world." The government objected to the sentence as unreasonable and now appeals.
Goodwin's Sentencing. One month later, Goodwin appeared for sentencing before a different district judge who had previously sentenced Patrick Lazenby and eleven other participants in separately prosecuted but overlapping methamphetamine conspiracies. The parties and the court agreed on a base offense level of 34 based on at least 300 grams but less than 1000 grams of pseudoephedrine. See U.S.S.G. § 2D1.11(d)(3). Goodwin's base offense level is two levels higher than Lazenby's because Goodwin stipulated to being involved in a greater quantity of pseudoephedrine. The government agreed that Goodwin qualified for "safety valve" relief. The government explained that it was not filing a substantial assistance motion because, while Goodwin cooperated with the government and stood ready to testify against other conspirators, her testimony was not needed when they pleaded guilty. As with Lazenby, the district court denied a two-level reduction for Goodwin's role in the offense. This produced an advisory guidelines range of 87-108 months.
To support her claim for a downward variance from the guidelines range, Goodwin introduced letters from family members and present and former employers stating that she has ended her dependence on drugs, reestablished ties with her children and her niece, and become a reliable and valued employee. Government counsel urged a sentence at the bottom of the guidelines range but, responding to a question by the court, said she was not authorized to support a sentence below that range. Government counsel noted that the court could consider the time Goodwin spent at the Hinzman Center in deciding whether to grant a downward variance under § 3553(a), because the Bureau of Prisons was unlikely to credit that time towards her sentence. But again, the government refused to request a sentence beneath the guidelines range on that ground. The district court then sentenced Goodwin to 87 months in prison. Goodwin appeals the sentence as unreasonable.1
Under Booker, the sentencing guidelines are no longer a mandatory regime. Instead, the district court must take the advisory guidelines into account together with other sentencing factors enumerated in 18 U.S.C. § 3553(a). 543 U.S. at 259-60, 125 S.Ct. 738. In fashioning an appropriate sentence, the district court must first calculate the applicable guidelines sentencing range. United States v. Haack, 403 F.3d 997, 1002-03 (8th Cir.), cert. denied ___ U.S. ___, 126 S.Ct. 276, 163 L.Ed.2d 246 (2005). The court may then impose a sentence outside the range in order to "tailor the sentence in light of [the] other statutory concerns" in § 3553(a). Booker, 543 U.S. at 245-46, 125 S.Ct. 738. When the district court has correctly determined the guidelines sentencing range, as in these cases, we review the resulting sentences for reasonableness a standard akin to our traditional review for abuse of discretion.
The Guidelines were fashioned taking the other § 3553(a) factors into account and are the product of years of careful study. Thus, the guidelines sentencing range, though advisory, is presumed reasonable. See United States v. Lincoln, 413 F.3d 716, 717 (8th Cir.2005); United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir.2005). When the district court varies from the guidelines range based upon its analysis of the § 3553(a) factors, we must examine whether "the district court's decision to grant a § 3553(a) variance from the appropriate guidelines range is reasonable, and whether the extent of any § 3553(a) variance . . . is reasonable." United States v. Mashek, 406 F.3d 1012, 1017 (8th Cir.2005); see Haack, 403 F.3d at 1004. United States v. Johnson, 427 F.3d 423, 426-27 (7th Cir.2005) (citation omitted). A "range of reasonableness" is within the court's discretion. United States v. Saenz, 428...
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