United States v. Jackson
United States v. Jackson
Opinion of the Court
ORDER
Roger Lee Jackson, represented by counsel, appeals his judgment of conviction and sentence. The appellant is deemed to have waived oral argument because he failed to respond to this court’s letter, and the appellee has expressly waived oral argument. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
In December 2002, Jackson pleaded guilty to conspiring to manufacture more than 1,000 marijuana plants in violation of 21 U.S.C. §§ 841 and 846. The district court sentenced him to thirty-seven months of imprisonment and three years of supervised release.
Jackson has filed a timely appeal, essentially arguing that the district court improperly denied him an offense level adjustment for being a minor participant in the conspiracy.
The district court did not err when it denied Jackson a reduction for being a minor participant in the offense. In support of this claim, Jackson essentially argued that he should be entitled to the same two-level reduction for being a minor participant that his brother (Roland Jackson) received because his role was similar to his brother’s role. Jackson argues that other than wiring a barn for electrical power to dry harvested marijuana plants, his primary role was to assist his brother with growing marijuana plants in his brother’s basement. He maintains that the district court erred when it concluded that he had performed crucial functions for the conspiracy and that he had received a larger portion of the proceeds from the conspiracy.
Upon review, we conclude that Jackson has not established that he was entitled to a reduction for being a minimal or minor participant. We have historically reviewed a district court’s denial of a mitigating role adjustment for clear error, but have recently stated that the two-part standard of review used in the context of aggravating role adjustments, under which a district court’s factual findings are reviewed for clear error while its legal conclusions are reviewed de novo, is equally appropriate in the context of mitigating role adjustments. United States v. Roberts, 223 F.3d 377, 379 (6th Cir. 2000). A defendant bears the burden of proving a mitigating role in the offense by a preponderance of the evidence. Id.
Under either standard, the district court did not err in this case. Under USSG § 3B1.2, a defendant’s offense level may
Jackson was not entitled to a reduction as a minimal or a minor participant. A review of the record reflects that Jackson was involved in the conspiracy for each of the three years that it existed, that he had a grasp of the scope and nature of the conspiracy, and that he made significant contributions to the conspiracy that were not made by other members of the conspiracy. During his plea hearing, Jackson acknowledged that in 2000 he rented Duane Miller’s barn to process marijuana for the conspirators and that he helped wire the barn for electrical power so that harvested marijuana could be dried. In addition, a review of the presentence investigation report (PSI) reflects that Steven Thompson and Patrick Thompson, two of the men who had started the conspiracy, sent six men from Kentucky to Michigan to harvest marijuana, that the marijuana was taken to the barn rented by Jackson, and that Jackson assisted with the loading and unloading of the marijuana plants. Jackson received $10,000 as his share of the proceeds.
Thereafter, in late 2000 or early 2001, Jackson and Michael Sandborn (another of the men who had started the conspiracy), planned to grow additional marijuana plants indoors for subsequent planting outside with the plants that were to arrive from Kentucky. Jackson’s brother (Roland Jackson) agreed to let them use his basement to grow the marijuana. Jackson and Sandborn installed the marijuana growing equipment into the basement and attempted to grow approximately 1,000 marijuana plants. The plants that survived this attempt were later planted outside with marijuana plants that had been brought in from Kentucky. In June and October of 2001, conspirators from Kentucky harvested the planted marijuana. Jackson received ten pounds of marijuana for his assistance. In June 2002, conspirators from Kentucky traveled to Michigan with marijuana plants to be planted in a field, and they stopped at Jackson’s residence to pick up an additional 800 to 900 marijuana plants that Jackson had helped to grow in his brother’s basement. Jackson followed the planting crew in a separate car.
This evidence clearly reflects that Jackson’s role in the offense was neither minimal nor minor. Unlike most of the conspirators, Jackson was involved in the conspiracy for all three years. Jackson received a larger share of the criminal
Accordingly, we affirm the judgment of conviction and sentence.
Reference
- Full Case Name
- United States v. Roger Lee JACKSON
- Status
- Published