United States v. Rashad Woodside
Opinion
Rashad Woodside, a Florida resident, participated in a 24-person conspiracy to distribute pain pills in Middle Tennessee. After pleading guilty, Woodside appealed his sentence, which we vacated so that the district court might better explain the quantity of drugs attributable to him. On remand the district court, without further hearing, imposed the same sentence and explained its reasoning-including the drug quantity on which it based Woodside's sentence-in a written amended judgment. Woodside again appeals, arguing that the district court erred by not affording him a new sentencing hearing, and moreover violated
Woodside supplied two of his co-defendants, Kenneth Stafford and Angela Breeden, with prescription pills, which Woodside would ship from Florida to Tennessee. Early in the conspiracy, Fredrick McGregor was a key part of the enterprise. At that time, the scheme worked like this: Woodside and others would go to a doctor and obtain prescription pills for McGregor, who would then sell them to Stafford and Breeden. Woodside eventually decided to go into business for himself and contacted Stafford with an offer to undercut McGregor. For around eighteen months, Stafford and Breeden continued to purchase from both men, but eventually Stafford and McGregor had a falling out, at which point-around "[l]ate 2011, early 2012," according to Stafford-Woodside became the sole supplier of Stafford and Breeden.
The conspiracy's dealings eventually attracted the attention of the Drug Enforcement Administration (DEA). Based on information
*897
obtained through wiretapped phone conversations and seizures of shipped drugs, a grand jury returned a single-count indictment charging Woodside and 23 codefendants-including Stafford and Breeden-with conspiracy to possess with intent to distribute oxycodone and other prescription medications, in violation of
The Probation Office prepared a Presentence Report (PSR), which recommended holding Woodside responsible for 343,000 30-milligram oxycodone pills, 1 each containing 27 milligrams of actual oxycodone. That figure included the drugs that McGregor had sold to Stafford and Breeden. Based on the drug-equivalency table in the United States Sentencing Guidelines, which equates 1 gram of actual oxycodone to 6,700 grams of marijuana, the report recommended holding Woodside accountable for approximately 62,000 kilograms of marijuana equivalent, for a base-offense level of 36. Woodside objected to that drug-quantity calculation.
At Woodside's sentencing hearing, the government put on three witnesses: DEA Agent David Lewis, Stafford, and Breeden. Each testified about the number of pills attributable to Woodside. Agent Lewis testified that "10- to 15,000 pills" was a "conservative estimate" of the pills Woodside sold "[d]uring the six-month period leading up to [his] arrest." Agent Lewis estimated that Woodside sold "closer to 70-, 80-, 90-, hundred thousand" pills throughout the course of the "whole conspiracy." Stafford testified that at first he bought about 1,000 pills per week from McGregor, that he initially bought 400 to 500 pills a week from Woodside, and that he eventually received about 1,000 pills per week from each of Woodside and McGregor, an arrangement that continued for about 18 months. Stafford further testified that he stopped buying from McGregor in late 2011 or early 2012, but continued to purchase about 1,000 pills per week from Woodside, which he continued to do until the last eight months of the conspiracy, during which he received only 300 to 600 pills per week. Stafford also acknowledged an intercepted conversation in which he said, "I used to get 2,000-two, three thousand a week, man. And that's like I had my two connects," referring to Woodside and McGregor. Finally, Breeden testified that McGregor supplied about 1,000 oxycodone pills per week, that she and Stafford purchased from McGregor for "at least six months" or longer before beginning to purchase from Woodside, and that once they began purchasing from both, which they did for about six months, they would receive about 1,500 pills per week. Breeden testified that after they stopped purchasing from McGregor, Woodside initially was "able to send more, but then over time the numbers decreased," to the point where they were receiving about 500 pills per week during the last six months before Breeden was arrested.
After hearing that testimony, the district court found that Woodside was responsible for 28,000 kilograms of marijuana equivalent, for a base-offense level of 34, assigned by the guidelines to those responsible for 10,000 to 30,000 kilograms of marijuana equivalent. According to the PSR, each 30-milligram oxycodone pill contains 27 milligrams of actual oxycodone. According to the guidelines, each gram of actual oxycodone is equivalent to 6.7 kilograms *898 of marijuana for sentencing purposes. See USSG § 2D1.1 comment. (n.8). Thus, each 30-milligram oxycodone pill is equivalent to .1809 kilograms of marijuana. The district court's estimate of 28,000 kilograms of marijuana equivalent, then, corresponded to roughly 154,781 oxycodone pills.
The transcript did not make clear exactly how the district court calculated the 28,000-kilogram quantity, but the court discussed the testimony of both Stafford and Breeden before apparently relying primarily on Breeden's testimony to estimate the quantity of drugs attributable to Woodside. The district court imposed a four-level enhancement for Woodside's being a leader or organizer of the conspiracy and deducted three levels for his accepting responsibility, resulting in a final offense level of 35. After calculating a guidelines range of 168 to 210 months of imprisonment, the district court sentenced Woodside to 170 months' imprisonment, followed by three years of supervised release.
Woodside appealed his sentence, arguing that the district court's factfinding with respect to the drug quantity attributable to him was inadequate. We agreed and vacated Woodside's sentence, explaining:
[T]he absence in the record of the numbers the district court used renders its methodology totally opaque, and compels us to vacate Defendant's sentence and remand for a better explanation of the district court's calculation, or for recalculation of the quantity of drugs for which Defendant is to be held accountable.
United States v. Woodside
,
On remand, the district court estimated that Woodside was responsible for 28,568 kilograms of marijuana equivalent. After recounting witness testimony from the prior sentencing hearing, the district court made findings of fact and explained its drug-quantity calculation as our remand asked. This time around, the court relied primarily on Stafford's testimony to establish drug quantity. After reapplying the four-level leader-or-organizer enhancement and the three-level acceptance-of-responsibility reduction, the district court found that Woodside's final offense level remained at 35, which resulted in the same guidelines range. The court thus reaffirmed its prior judgment and imposed the same 170-month sentence.
Woodside again appeals, and now presses four arguments. He argues that the district court (1) was required by our remand to grant Woodside a new sentencing hearing, and (2) was required by
First, the district court did not commit any procedural error when it denied Woodside's request for a new sentencing *899 hearing and resentenced him through a written amended judgment. Our prior panel had issued a limited remand, the language of which did not entitle Woodside to a new sentencing hearing, and in accordance with that remand, the district court imposed the same sentence based on the same record.
Our remand in Woodside's prior appeal was a limited one. Woodside argues that the remand was general, and that accordingly, under
United States v. Garcia-Robles
,
Not only does this operative final language speak in limited terms, but the whole thrust of our previous opinion was focused on the need for the district court to explain how it reached the conclusions that it did regarding the drug amounts. On remand, district courts are to "implement both the letter and the spirit of the mandate."
United States v. Haynes
,
Although the district court stated that it used a calculator in arriving at its calculation of 28,000 kilograms of marijuana, it never explained how it turned Breeden's testimony into a final figure. We are mindful that district courts sometimes struggle to calculate drug quantities in complex cases. ... However, in such cases where evidence is controverted, calculations are complicated, and appeals are likely to follow, it is especially important to create a clear record to facilitate appellate review. The calculation at issue here involved especially many moving parts: the chronology of when Defendant began selling to Stafford and Breeden and when Stafford and Breeden stopped purchasing from McGregor; how many pills Defendant provided while McGregor was also providing pills; the number of pills sold at the end of the conspiracy; the dosage of the pills; the proportion of oxycodone to other drugs; and the equivalent weight in marijuana, among others. While we are sympathetic to the district court's frustration, the absence in the record of the numbers the district court used renders its methodology totally opaque, and compels us to vacate Defendant's sentence and remand for a better explanation of the district court's calculation, or for recalculation of the quantity of drugs for which Defendant is to be held accountable.
Woodside
,
Our precedents support this conclusion. We have held that limiting language need not be in the final sentence of the opinion, but may be found "anywhere in an opinion or order, including a designated paragraph or section, or certain key identifiable language."
Orlando
,
Second, because no new sentencing
procedure
was required or conducted, as opposed to a new reason or a new explanation of the reason for the sentence, the district court did not violate the procedural guarantee of
Most importantly, the text of § 3553(c) indicates that it does not apply here. Section 3553(c) applies "at the time of sentencing," which, read naturally, refers to a defendant's sentencing hearing. As we said in
Downs v. United States
,
Under the facts of this case, moreover, Woodside's presence at his prior sentencing hearing satisfies § 3553(c). We have held that the procedural right to allocute under Federal Rule of Criminal Procedure 32(i)(4)(A)(ii) does not apply to cases on limited remand.
See
United States v. Jeross
,
Practical considerations also support this rule. Woodside was not entitled to a new sentencing hearing,
see
Garcia-Robles
,
True, Woodside's brief on appeal at one point appears to suggest that the district court's purported violation of § 3553(c) requires a new sentencing hearing at which he could "present argument." But as noted above, our prior remand did not entitle Woodside to a new hearing.
Third, Woodside argues that his sentence was procedurally unreasonable because the district court erroneously attributed to him drugs that were sold by McGregor and thus were not part of any criminal activity to which Woodside had agreed. 2 But affirmance is still warranted regardless of whether the district court erroneously attributed to Woodside drugs sold by McGregor, because Woodside would still have been sentenced according to the same base-offense level under any conceivable estimate of the drugs that he himself sold during the period at issue. Any error on this point was therefore harmless.
A few brief calculations are necessary to show why this is so. Woodside's base-offense level was 34, assigned to those responsible for 10,000 to 30,000 kilograms of marijuana equivalent. According to the guidelines, each gram of actual oxycodone is equivalent to 6.7 kilograms of marijuana, see USSG § 2D1.1 comment. (n.8), and therefore each pill of oxycodone (which contains 27 milligrams of actual oxycodone) is equivalent to .1809 kilograms of marijuana. Here the district court on remand held Woodside responsible for 157,920 oxycodone pills, equal to a nearly range-topping 28,568 kilograms of marijuana. To reduce Woodside's base-offense level down to 32-the next lowest level, assigned to those responsible for less than 10,000 but more than 3,000 kilograms of marijuana equivalent-the district court would have needed to attribute fewer than 55,279 oxycodone pills to him.
Woodside was responsible for more pills than that under any remotely plausible estimate. In its amended judgment, the district court considered the drugs attributable to Woodside from three different periods of time: January 2010 through June 2011; July 2011 through September 2012; and October 2012 through May 2013. McGregor had nothing to do with the latter two periods, which occurred after Stafford *902 and Breeden had stopped buying from him. During those two periods alone, the district court found Woodside responsible for selling approximately 48,720 pills, 3 and Woodside does not appear to challenge those calculations (apart from his wholesale challenge to the district court's reliance on Stafford's testimony, discussed in footnote four below). During the earliest period-from January 2010 through June 2011, when both McGregor and Woodside were selling to Stafford and Breeden-the district court found "approximately 109,200 oxycodone pills" attributable to Woodside, holding Woodside responsible for all the oxycodone pills McGregor sold during that time. But even if the court were to have held Woodside responsible for only seven percent of the drugs distributed during that time-a mere 98 pills per week, for a total of 7,644 pills during the 18-month period-Woodside would still be responsible for 56,364 pills during that period, comfortably qualifying him for the same base-offense level of 34. Woodside nowhere argues that he sold so few pills during that eighteen-month period. In any event, the record would foreclose such a finding: Stafford testified that he received 1,000 pills per week from Woodside during the period at issue, and Agent Lewis testified that Woodside admitted to sending "hundreds [of pills] at a time," and that based on his "experience with the investigation," this occurred "at least once a week." For that reason, any error that the district court might have committed by attributing to Woodside drugs sold by McGregor was harmless.
Fourth and finally, Woodside argues that the district court committed procedural error by failing to "err on the side of caution" when choosing between Stafford's and Breeden's testimony regarding drug quantity. But this argument also fails because the choice between the testimony of the two apparently did not matter.
4
Our review is for clear error.
See
Jeross
,
Woodside's sentence is therefore affirmed.
CONCURRENCE
JANE B. STRANCH, Circuit Judge, concurring.
I concur with the majority opinion. I write separately to emphasize the principle that underlies the issues we address here-the importance of the pronouncement of sentence in open court in the presence of the defendant. "[T]he notion that the sentencing court must 'eyeball' the defendant at the instant it exercises its most important judicial responsibility ... is far from a formality."
United States v. Garcia-Robles
,
Resentencing exists within the arena of judicial discretion. Resentencing "is not a unitary phenomenon."
United States v. Bryant
,
Thus, an appellate court has the discretion to mandate that a district court hold a hearing in the defendant's presence on a limited remand.
See, e.g.
,
United States v. Moore
,
Although our holding recognizes that a defendant is not automatically entitled to the full panoply of procedural rights on a limited remand, our obligation in crafting such a remand requires us to consider the specific nature of the inquiry before the district court and to provide corresponding procedural safeguards in our remand instructions. A district court may then find it necessary to extend other procedural rights, and may do so as long as its actions are consistent with the "letter and the spirit of the mandate."
United States v. Moored
,
The record sometimes refers to these 30-milligram oxycodone pills by the name brand "Roxicodone." For the sake of consistency we use the generic term "oxycodone pill" to refer to the 30-milligram pills, each containing 27 milligrams of actual oxycodone, on which Woodside's sentence was based.
Woodside's brief purports to attack his sentence on substantive grounds as well, but the only arguments he presses are procedural in nature. In
Gall v. United States
,
The district court explained that it held Woodside responsible for "approximately 42,000 oxycodone pills ... for the time period from July 2011 through September, 2012[,]" and "approximately 6,720 oxycodone pills (210 pills per week for 32 weeks) ... for the eight-month period prior to his arrest in June, 2013 (October 2012 through May, 2013)."
To the extent that Woodside means to challenge the district court's reliance on Stafford's and Breeden's testimony because those two were abusing drugs at the time of the relevant events, we have already rejected that argument in Woodside's previous appeal.
See
Woodside
,
For example, in the amended judgment, the district court noted that "[a]lthough there is evidence to support an earlier date ... in order to err on the side of caution , the Court will not attribute to the Defendant any pills sold by either Mr. McGregor or himself prior to January, 2010." (Emphasis added.) The district court also "erred on the side of caution" by consistently relying "on the low end of Mr. Stafford's estimates."
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Rashad WOODSIDE, Defendant-Appellant.
- Cited By
- 17 cases
- Status
- Published