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Feb. 21, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Sentencing Guidelines - Conversion ratios
 

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USA v. Martin (February 21, 2006) (Appeal from E.D. Tennessee)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0067p-06.pdf
-  In this case of first impression, we consider whether the United States Sentencing Commission failed to comply with Congress's directive when it established ratios to estimate the amount of methamphetamine that can reasonably be manufactured from certain precursor chemicals. The issue arises in the context of Kevin Martin's challenge to the sentence imposed on him after he pled guilty to five counts relating to the manufacture of methamphetamine and the possession of pseudoephedrine as a precursor chemical. Relying on a Presentence Report (PSR) to which Martin had objected on Sixth Amendment grounds, the district court sentenced Martin to 189 months of imprisonment on each count, with the sentences to run concurrently. This sentence was calculated using a 50% ratio for converting the amount of pseudoephedrine attributed to Martin into the corresponding quantity of methamphetamine. The Sentencing Commission promulgated the conversion ratio in response to a statute enacted in 2000 that required it to establish a table of such ratios "based on scientific, law enforcement, and other data the Sentencing Commission considers appropriate." Pub. L. No. 106- 310, § 3651(b)(2), 114 Stat. 1238-39 (2000). On appeal, Martin argues that (1) the ratio set forth in the Sentencing Guidelines commentary for converting the precursor chemical pseudoephedrine to methamphetamine is invalid both because it does not comply with the statutory mandate and because it is arbitrary and capricious, (2) the district court erred in calculating his criminal history category, and (3) the district court violated his Sixth Amendment rights as interpreted by United States v. Booker, 543 U.S. 220 (2005). Although we hold that the unambiguous language of the statute requires the Commission to utilize both scientific and law enforcement data, we ultimately conclude that Martin has not met his burden of showing that the Commission actually failed to base the conversion ratios on both types of data when it relied on a report prepared by the Drug Enforcement Administration (DEA). We also reject Martin's challenge to the calculation of his criminal history category, but agree that the district court's Booker error entitles him to resentencing. Accordingly, we VACATE Martin's sentence and REMAND the case for resentencing consistent with Booker.
 

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