United States v. Jackson, No. 14-1488 (8th Cir. 2015)
Annotate this CaseBenson traveled from Houston to St. Louis, Missouri, to sell cocaine to O’Bryant. O’Bryant had purchased plane tickets for Jackson and Stringfellow to travel to St. Louis. Stringfellow testified that he, O’Bryant, and Jackson agreed to steal the cocaine and kill Benson. O’Bryant gave both men guns. Jackson shot Benson in the head, killing him. Jackson pleaded guilty to conspiracy to possess with intent to distribute cocaine, 21 U.S.C. 841(b)(1)(B), 846; conspiracy to possess a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. 924(o); and possession, brandishing, and discharge of a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. 924(c)(1)(A), 924(j)(1). He was sentenced to 400 months’ imprisonment. The Eighth Circuit affirmed, rejecting arguments that his guilty plea was not knowing and voluntary because the court did not adequately advise him of his rights and that his sentence was substantively unreasonable. O’Bryant pleaded guilty to conspiracy to possess with intent to distribute cocaine and was sentenced to 330 months’ imprisonment. The Eighth Circuit affirmed, rejecting arguments that the sentence violated the Fifth and Sixth Amendments; that the evidence was insufficient to support the first-degree-murder sentencing enhancement, but at best, supported the second-degree-murder sentencing enhancement; and that his sentence was substantively unreasonable.
Court Description: Criminal case - Criminal law and sentencing. The district court's advice to defendant Jackson at the change-of-plea hearing that he could not withdraw his plea even if the court did not impose the sentence the government recommended fulfilled the court's obligations under Rule 11(c)(3)(B); Jackson's 400-month sentence was not substantively unreasonable; no error in applying the first-degree-murder cross-reference set forth in Guidelines Sec. 2A1.1 in sentencing defendant O'Bryant as application of the cross-reference did not violate defendant's Fifth or Sixth Amendment rights; Alleyne does not prevent application of the cross-reference as application does not increase the penalty beyond the statutory maximum or increase the mandatory minimum sentence; evidence was sufficient to support the application; defendant O'Bryant's 330-month sentence was not substantively unreasonable.
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