United States v. Gates

• Decision Date: 06 September 2022
• Docket Number: s. 20-2092/2221
• Citation: 48 F.4th 463
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Trevon Marquise GATES (20-2092); Deonte Courtez Gates (20-2221), Defendants-Appellants.
• Court: U.S. Court of Appeals — Sixth Circuit

48 F.4th 463

UNITED STATES of America, Plaintiff-Appellee,
v.
Trevon Marquise GATES (20-2092); Deonte Courtez Gates (20-2221), Defendants-Appellants.

Nos. 20-2092/2221

United States Court of Appeals, Sixth Circuit.

Argued: December 7, 2021
Decided and Filed: September 6, 2022

ARGUED: Joshua A. Blanchard, BLANCHARD LAW, Greenville, Michigan, for Appellant in 20-2092. Laura J. Helderop, SPRINGSTEAD BARTISH BORGULA & LYNCH, PLLC, Grand Rapids, Michigan, for Appellant in 20-2221. Joel S. Fauson, UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee. ON BRIEF: Joshua A. Blanchard, BLANCHARD LAW, Greenville, Michigan, for Appellant in 20-2092. Laura J. Helderop, Matthew G. Borgula, SPRINGSTEAD BARTISH BORGULA & LYNCH, PLLC, Grand Rapids, Michigan, for Appellant in 20-2221. Austin J. Hakes, UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.

Before: CLAY, DONALD, and NALBANDIAN, Circuit Judges.

CLAY, J., delivered the opinion of the court in which DONALD, J., joined. NALBANDIAN, J. (pp. 478-80), delivered a separate opinion concurring in part and dissenting in part.

CLAY, Circuit Judge.

48 F.4th 466

Brothers Trevon and Deonte Gates appeal their sentences stemming from their involvement in a methamphetamine distribution network. On appeal, Trevon challenges the 72-month sentence he received for pleading guilty to one count of possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A)(i). He claims the district court's failure to calculate his Sentencing Guidelines was procedural error. Likewise, Deonte challenges the 110-month sentence he received for pleading guilty to one count of possession with intent to distribute methamphetamine, 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(B)(viii). Deonte claims the district court improperly considered juvenile conduct when calculating his Sentencing Guidelines range. For the reasons set forth below, we VACATE Trevon's sentence and REMAND for resentencing, and AFFIRM Deonte's sentence.

I. BACKGROUND

A. Factual Background

In January 2019, when brothers Trevon and Deonte Gates were 19-years-old and 17-years-old, respectively, a confidential informant notified the Kalamazoo, Michigan, Department of Public Safety ("KDPS") that methamphetamine was being sold from 913 Cooper Avenue and that two firearms were in the home. KDPS conducted a preliminary investigation and linked the Gates brothers to the residence. On January 8, 2019, KDPS searched the trash set out at 913 Cooper Avenue and uncovered a counterfeit $100 bill, ammunition casings, bullets, several baggies, two of which tested positive for the presence of methamphetamine, and additional evidence linking the Gates brothers to the residence. The same day, KDPS obtained a search warrant for the residence. On January 9, 2019, KDPS executed the search warrant. They found one firearm, dozens of rounds of ammunition and shell casings, three cell phones, three baggies suspected of containing drugs, and a digital scale. Deonte was arrested on outstanding warrants but not charged for the contraband recovered during the search.

On February 22, 2019, Deonte turned 18-years-old. Approximately two weeks later, on March 8, 2019, KDPS made contact with Deonte in a motel parking lot. Deonte consented to a search of his vehicle and officers uncovered a digital scale containing methamphetamine residue.

On March 25, 2019, KDPS was surveilling Matthew Boeve, a known drug dealer in the area. KDPS followed Boeve to the 913 Cooper Avenue residence, watched him enter the home, and then return to his vehicle. KDPS stopped Boeve's vehicle later that evening and found 68.19 grams of methamphetamine. Boeve told KDPS he had purchased the quantity from the Gates

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brothers, and that this was at least his sixth purchase of methamphetamine from them.

The following day, KDPS obtained a second search warrant for the 913 Cooper Avenue residence. This second search uncovered over 60 grams of methamphetamine, a shotgun, ammunition, firearm magazines, and drug paraphernalia. On April 17, 2019, Boeve told federal prosecutors he made three purchases of methamphetamine from the Gates brothers totaling eight ounces.

Besides Boeve, KDPS interviewed local drug trafficker, Phillip Bell. The record is inconsistent regarding how frequently and in what quantities Bell purchased methamphetamine from the Gates brothers. Bell told prosecutors that at one point, he purchased one to two ounces of methamphetamine from the Gates brother every two to three days for five weeks. However, Bell also stated that over the course of his drug dealing with the Gates brothers he made ten purchases of methamphetamine from the Gates brothers in quantities up to seven ounces. In one transaction, Bell claims to have purchased one-quarter pound of methamphetamine for $1,100. Two days after the quarter-pound purchase, Bell allegedly purchased two to three additional ounces of methamphetamine for $300. On or around March 10, 2019, Bell reportedly purchased seven additional ounces of methamphetamine for $1,600.

In total, between the quantities KDPS recovered from the execution of both search warrants and their transactions with Boeve, Bell, and others, a conservative estimate by U.S. Probation and Pretrial Services concluded that Trevon and Deonte were accountable for distributing 1.41 kilograms of methamphetamine during the relevant time.

A grand jury charged the Gates brothers in a six-count indictment on June 26, 2019. Both brothers were charged with conspiracy to distribute and possess with intent to distribute methamphetamine, 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A)(viii) ("Count One"), possession with intent to distribute methamphetamine, 21 U.S.C. § § 841(a)(1), 841(b)(1)(B)(viii) ("Count Two"), and possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A)(i) ("Count Three"). Additionally, Trevon was charged with a second count of possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A)(i) ("Count Four"), being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1), 18 U.S.C. § 924(a)(2) ("Count Five"), and possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(d) ("Count Six").

On July 14, 2020, the day the Gates brothers were set to begin their joint trial, they both entered into plea agreements. Trevon pleaded guilty to Counts One and Four. Deonte pleaded guilty to Counts Two and Three. All other charges were dismissed.

B. Trevon's Sentencing

Trevon was sentenced on October 30, 2020. For a § 841(a)(1) conviction, the offense level varies based on the quantity of methamphetamine distributed. See U.S.S.G. § 2D1.1. Because Trevon was accountable for 1.41 kilograms of methamphetamine, probation recommended an offense level of 30 and a two-level reduction for accepting responsibility. Probation also determined Trevon had a criminal history category of IV. With an offense level of 28 and criminal history category of IV, the Sentencing Guidelines Table recommended a sentencing range of 110 to 137 months. However, because § 841(b)(1)(A)(viii) carries a mandatory minimum sentence of 120 months, Trevon's advisory range was adjusted to 120 to 137 months. For Trevon's

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§ 924(c) conviction, probation calculated his Guideline as the mandatory minimum sentence of 60 months imprisonment to be served consecutively. See U.S.S.G. § 2k2.4.

At sentencing, the district court independently calculated Trevon's Sentencing Guidelines range for his § 841(b)(1)(A)(viii) conviction and agreed with probation's calculation of 120 to 137 months. The district court concluded a within-Guidelines sentence was appropriate and sentenced Trevon to the mandatory minimum sentence of 120 months. Regarding Trevon's § 924(c) conviction, however, the district only mentioned the mandatory minimum sentence of 60 months. The district court concluded that because Trevon had recently been convicted of a similar firearms offense in Michigan state court, the mandatory minimum sentence of 60 months was inadequate. In explaining the rationale for its sentence, the district court stated:

For purposes of the sentence on Count Four, the Court consulted the guidelines. Mr. Gates has a Criminal History Category of IV. The Court went down the chart to a guideline range for Criminal History Category IV, which includes 60 months and went up two levels for the reasons that I've already stated, to decide on the sentence of 72 months.

(Trevon's Sent'g Tr., R. 167, PageID #915.) In total, Trevon was sentenced to 192 months. Trevon objected to his above-Guidelines sentence. The district court responded, "Well, I didn't – I'm not sure that's a departure or a variance. I didn't impose – I didn't impose the mandatory minimum for the reasons that I stated. The crime itself is without a guideline, correct?" (Id ., PageID #918.) Trevon's counsel informed the district court the Sentencing Guidelines did, in fact, recommend a sentence of 60-months imprisonment—the same as the mandatory minimum. The court responded, "Well, all right. If that's correct, then I have varied upward for the reasons that I stated." (Id ., PageID ##918–19.) Trevon timely appealed his sentence.

C. Deonte's Sentencing

Like Trevon, because Deonte was held accountable for 1.41 kilograms of methamphetamine, his offense level was calculated to be 30. Deonte also received a two-level reduction for accepting responsibility, making his total offense level 28. Additionally, probation determined Deonte had a criminal history category of IV. With an offense level of 28 and a criminal history category of IV, the Sentencing Guidelines recommend a sentence of 110 to 137 months imprisonment. Because Deonte pleaded guilty under § 841(b)(1)(B)(viii), unlike Trevon who pleaded guilty under § 841(b)(1)(A)(viii), Deonte's sentence did not need to be adjusted to comply with a mandatory minimum.

On December 9, 2020, the district court sentenced...