United States v. Wilson
Opinion of the Court
Defendant Timothy David Wilson appeals his sentence upon convictions of possession with intent to distribute marijuana and possession of firearms. Wilson claims that the district court erred in its application of the United States Sentencing Guidelines. We AFFIRM.
BACKGROUND
In 2002, Eduardo Romero was arrested in Missouri operating a pickup truck carrying 168 pounds
Wilson was indicted for conspiracy to possess with intent to distribute 1,000 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846 (“Count 1”); possession with intent to distribute 1,000 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A) (“Count 2”); and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g) (“Count 3”). At the conclusion of the jury trial, Wilson was acquitted of Count 1 but convicted of Counts 2 and 3. As to Count 2, the jury specified that Wilson was accountable for “50 kilograms to less than 100 kilograms of marijuana.” Pursuant to 21 U.S.C. § 851, a penalty enhancement information was filed before trial noticing Wilson’s prior felony drug conviction. At the sentencing hearing, the district court found by a preponderance of the evidence that Wilson was personally responsible for at least 700 but less than 1,000 kilograms of marijuana. Wilson’s base offense level of 30 was enhanced by two levels for possession of firearms, for a total offense level of 32. With a criminal history category of II, he was sentenced to 168 months for Count 2 and 120 months for Count 3, to run concurrently.
DISCUSSION
Wilson first argues that the district court erred in sentencing him for such a large drug quantity because he was acquitted of conspiracy. Wilson has a previous conviction for felony delivery of a controlled substance, and marijuana is a Schedule I controlled substance. See United States v. Campbell, 317 F.3d 597, 602 (6th Cir. 2003) (citing 21 U.S.C.
Wilson next argues that the district court erred in failing to permit a two-level reduction to his base offense level due to his acceptance of responsibility since he admitted that he had observed Romero and Newton handling marijuana in the barn and that he had firearms in his residence. See USSG § 3E1.1(a). Wilson was undeserving of a two-level reduction, however, because he did not affirmatively accept any personal responsibility for his criminal conduct. See United States v. Kraig, 99 F.3d 1361, 1371 (6th Cir. 1996). During trial, Wilson denied any involvement with any amount of marijuana and argued that his alleged confession was false and fabricated by the federal agents. Wilson claimed that he was never in the barn, had no involvement with Romero, and sought an acquittal as to all counts. There was no clear error. USSG § 3E1.1, comment, (n.5); Kraig, 99 F.3d at 1372.
Wilson also argues that the district court erred in enhancing his base offense level by two levels due to its conclusion that he possessed firearms in connection with his drug offense since his firearms were either for hunting or collection purposes. See USSG § 2D1.1(b)(1). “The government bears the initial burden of showing that the defendant possessed a firearm during the crime.” United States v. Keszthelyi, 308 F.3d 557, 578 (6th Cir. 2002) (citing United States v. Cochran, 14 F.3d 1128, 1132 (6th Cir. 1994)). “Possession of a weapon is established if it ‘could have facilitated [the] illegal transactions’ .... ” United States v. Zimmer, 14 F.3d 286, 290 (6th Cir. 1994) (quoting United States v. McGhee, 882 F.2d 1095, 1099 (6th Cir. 1989)). “Once possession is established, ‘the burden shift[s] to the defendant to show that it was clearly improbable that the weapon was connected with the offense.’ ” Keszthelyi, 308 F.3d at 578 (quoting Cochran, 14 F.3d at 1132).
Wilson lastly argues that the district court erred in failing to provide him with a two-level reduction for his minor participation in the marijuana operation. A “minor participant” is “less culpable than most other participants[ ] but whose role could not be described as minimal.” USSG § 3B1.2, comment, (n.1). Wilson permitted Romero to unload fourteen marijuana deliveries in his barn. He also received $2,000 for providing a safe location in which to transfer the marijuana and knew Romero and Newton had transferred marijuana there on three occasions. During the delivery immediately preceding his arrest, Wilson furnished the garbage bags, helped Romero load the marijuana packages into the garbage bags, and helped Newton load the garbage bags containing the marijuana into Newton’s truck. The court did not err in finding that Wilson could not be described as a minor participant. See United States v. Perry, 908 F.2d 56, 58 (6th Cir. 1990). Additionally, Wilson was not entitled to a mitigating role reduction because he was only held accountable for the marijuana quantities directly attributable to him. See United States v. Campbell, 279 F.3d 392, 396 (6th Cir. 2002).
AFFIRMED.
. Approximately 76.36 kilograms.
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
. Fourteen loads multiplied by 170 pounds per load equals 2,380 pounds. This amount was reduced by 250 pounds because the four light loads may have been among the fourteen loads delivered to Wilson; thus, 2,380 pounds less 250 pounds equals 2,130 pounds.
Reference
- Full Case Name
- United States v. Timothy David WILSON
- Cited By
- 2 cases
- Status
- Published