United States v. Jeffrey Johnson

Summary

The Seventh Circuit affirmed Jeffrey Johnson's conviction and 132-month sentence for possession with intent to distribute furanylfentanyl, an analogue of fentanyl. The court held that the district court properly denied Johnson's untimely suppression motion because he failed to show good cause, and the officers' seizure of drugs from a sock on the porch was lawful under the plain view doctrine. The court also held that "any analogue of [fentanyl]" in 21 U.S.C. § 841(b)(1)(A)(vi) is defined by its plain meaning, not by the statutory definition of "controlled substance analogue," so furanylfentanyl qualifies for the 10-year mandatory minimum. Finally, the court held that Johnson's prior Illinois drug convictions under 720 ILCS 570/401 are predicate "controlled substance offenses" under the career-offender guideline, following United States v. Ruth.

Holdings

1. The district court did not abuse its discretion in denying the motion because Johnson failed to establish good cause for the untimely filing; the record was silent as to prior counsel's strategic decisions, and ineffective assistance could not be presumed.
2. The district court did not plainly err in applying the 10-year mandatory minimum because 'any analogue of [fentanyl]' is not defined as 'controlled substance analogue' in the statute; under the plain and ordinary meaning of 'analogue,' furanylfentanyl is an analogue of fentanyl.
3. Johnson's prior convictions are predicate controlled substance offenses under U.S.S.G. § 4B1.2(b) because the career-offender guideline does not incorporate the CSA definition of 'controlled substance'; under plain meaning, the Illinois statute covers controlled substances.

Questions Presented

1. Whether the district court erred in denying Johnson's untimely amended motion to suppress for lack of good cause.
2. Whether furanylfentanyl is an 'analogue of [fentanyl]' under 21 U.S.C. § 841(b)(1)(A)(vi) such that the 10-year mandatory minimum applies.
3. Whether Johnson's prior Illinois drug convictions under 720 ILCS 570/401 qualify as predicate 'controlled substance offenses' under the career-offender guideline.

Disposition

affirmed