U.S. Court of Appeals for the Eighth Circuit, 1989

United States v. Jimmie Bruce Walker

U.S. Court of Appeals for the Eighth Circuit · Decided September 29, 1989 · McMillian, Heaney, Fagg

885 F.2d 1353; 1989 U.S. App. LEXIS 14778; 1989 WL 111551 (Federal Reporter, Second Series)

Counsel

Timothy McCarthy, Des Moines, Iowa, and Mark S. Cambiano, Morrilton, Ark., for appellant., Ronald M. Kayser, Des Moines, Iowa, for appellee.

Cases that cite this one

7 later published cases cite this decision. The 6 that cite it most often are listed here.

United States v. Levi Keith Jones, United States of America v. Jeanette Allbritten, United States of America v. Charles Steel (9th Cir. 1992)
United States v. Patrick J. McKenzie John L. Wood, Ansel P. Allen, and Garth Stennett (7th Cir. 1991)
United States v. Thomas Cusack, A/K/A T.C. (4th Cir. 1990)
United States v. Arthur Anthony Garvey (8th Cir. 1990)
United States v. Frank L. Fazio (7th Cir. 1990)
United States v. Sheffer (4th Cir. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Jimmie Bruce Walker pleaded guilty to charges of conspiracy to distribute marijuana, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), 846 (1982 & Supp. IV 1986), and distribution of marijuana, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C) (1982 & Supp. IV 1986). Using the United States Sentencing Guidelines, the district court sentenced Walker to thirty-three months in prison and three years of supervised release. Walker appeals, and we affirm.

Initially, Walker contends the district court violated the Constitution’s ex post facto clause by sentencing him under the guidelines for a conspiracy formed before the guidelines took effect. See Miller v. Florida, 482 U.S. 423, 430, 107 S.Ct. 2446, 2451, 96 L.Ed.2d 351 (1987). We disagree. Conspiracy is a continuing offense. United States v. Stewart, 878 F.2d 256, 259 (8th Cir. 1989). Thus, a court may sentence a conspirator under the guidelines if the conspiracy continued after the guidelines became effective. Id.; United States v. White, 869 F.2d 822, 826 (5th Cir.), cert. denied, — U.S. -, 109 S.Ct. 3172, 104 L.Ed.2d 1033 (1989). Because Walker pleaded guilty to a conspiracy that continued through January 25, 1988, and the guidelines apply to offenses committed after November 1, 1987, Walker’s guidelines sentence is not ex post facto.

Walker also contends he should be sentenced like a coconspirator who withdrew from the conspiracy before the guidelines took effect. Unlike the coconspirator, Walker pleaded guilty to a count charging him with a conspiracy continuing through January 25, 1988. Walker also stipulated that he committed an act in furtherance of the conspiracy on that date. Thus, Walker’s contention that he should be sentenced under the preguidelines system is without merit.

Finally, despite his plea of guilty to a drug charge involving distribution of 150 pounds of marijuana, Walker argues the district court erroneously refused to reduce the offense level on the ground he was a minor participant. See U.S. Sentencing Guidelines § 3B1.2(b) (Oct. 1987). This argument is also without merit. The district court properly refused to grant Walker’s request for a reduction.

We affirm.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.