Summary
The First Circuit affirmed a 100-month sentence for conspiracy to distribute oxycodone, holding that the district court did not plainly err by treating the defendant’s prior state conviction for possession with intent to sell prescription drugs as a “prior sentence” under U.S.S.G. § 4A1.2(a)(1). The court found that the conduct underlying the state offense was not “part of the instant offense” within the meaning of § 1B1.3(a)(2) because the record showed insufficient factual connection—different quantities, locations, and accomplices—to constitute either a common scheme or plan or the same course of conduct. The decision clarifies the analysis for grouping prior drug offenses as relevant conduct and applies plain-error review where the defendant failed to object below.
Topics
Practice areas
Questions Presented
- Whether the district court erred in concluding that the 2013 Connecticut conviction constitutes a 'prior sentence' under U.S.S.G. § 4A1.2, or whether the conduct underlying that conviction was 'part of the instant offense' under § 4A1.2(a)(1).
Holdings
- The 2013 Connecticut conviction is not 'part of the instant offense' under U.S.S.G. § 4A1.2(a)(1) because the record does not show it was part of the same course of conduct or common scheme or plan as the instant conspiracy. Therefore, the district court did not err in treating it as a prior sentence.
Key quotations
“The record here provides insufficient reason to conclude that the 2013 Conviction satisfies either prong of Section 1B1.3(a)(2).” (at 10)
“The factual distinctions between those crimes also undercut any suggestion that they are part of the same course of conduct.” (at 10)
“From this, we cannot see how the record supports a finding that the crimes were part of a 'single course of conduct, scheme, or plan,'” (at 11)
Factual background
In 2015, DEA and local police investigated drug distribution by Warren LaPrell and Raymond Ferris. A search warrant at a witness's apartment produced oxycodone pills and firearms. The witness identified Vicente as his source for oxycodone. Vicente sold oxycodone to the witness in Maine and Connecticut over 17-18 months. Vicente was indicted for conspiracy to distribute oxycodone, pleaded guilty, and was sentenced to 100 months. The PSR included a one-point increase for a 2013 Connecticut state conviction for possession with intent to sell/dispense, and a two-point increase because Vicente committed the instant offense while on probation from that conviction. Vicente appeals the inclusion of these criminal history points.
Procedural history
Vicente pleaded guilty to conspiracy to distribute oxycodone. The district court sentenced him to 100 months' imprisonment. He appeals, arguing that the court improperly assigned criminal history points for a prior state conviction that should have been excluded as conduct part of the instant offense.