Summary
The Fifth Circuit affirmed a 240-month upward variance sentence for conspiracy to possess with intent to distribute heroin and methamphetamine, holding the sentence substantively reasonable under an abuse-of-discretion standard. The district court properly considered the defendant's conduct surrounding his girlfriend's overdose death—including failing to seek help, injecting methamphetamine to reverse heroin effects, and mocking her on video—as part of the totality of circumstances under 18 U.S.C. § 3553(a), even though the government could not prove but-for causation under *Burrage v. United States* for the § 841(b)(1)(C) death-resulting enhancement. The court distinguished between improperly punishing for causing death and appropriately considering the defendant's reckless behavior, and found the district court's explanation sufficient to justify the major variance. The dissent argued the district court improperly circumvented *Burrage* by sentencing the defendant to exactly the 240-month mandatory minimum he would have faced under the uncharged enhancement.
Topics
Practice areas
Questions Presented
- Whether the district court's upward variance to 240 months was substantively unreasonable.
- Whether the district court improperly relied on the fact that drugs caused A.F.'s death when the government did not charge the enhanced penalty under § 841(b)(1)(C) and Burrage precluded such a finding.
Key quotations
“If the government had been able to charge Mr. Hudgens with distribution of methamphetamine which resulted in death, then we would have had a mandatory minimum term of imprisonment of 20 years, 240 months, along with ten years of supervised release.” (at 10)
“Instead of helping her, [Hudgens] recorded a cell phone video as [he] smacked her in the face with a towel, called her names.” (at 11)
“We hold that, together, these findings in support of the upward variance are sufficient to demonstrate that the substance of the sentence is reasonable under § 3553(a).” (at 13)
Factual background
On November 3, 2018, a woman (A.F.) was found unconscious and later died. Hudgens, her boyfriend, had provided her with heroin the night before. When she became heavily intoxicated and lethargic, Hudgens dissuaded a witness from calling 911 because his son was present. Instead, he called a friend who brought methamphetamine, and Hudgens injected A.F. with methamphetamine in an attempt to reverse the heroin effects. A.F. had preexisting heart conditions (cardiomegaly) and had undergone heart surgery. The medical examiner could not conclude but-for causation between drug use and death due to her preexisting health conditions. Hudgens recorded a video mocking A.F. and disposed of drug paraphernalia before emergency personnel arrived.
Procedural history
Hudgens was indicted for conspiracy to possess with intent to distribute heroin and methamphetamine. He entered an open guilty plea. The district court adopted the PSR and calculated a Guidelines range of 120-121 months, but imposed an upward variance to 240 months. Hudgens appealed, and the appeal was held in abeyance pending United States v. Bostic.