United States v. Aaron Massie , 284 F. App'x 711 ( 2008 )


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  •                                                           [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT                    FILED
    ________________________         U.S. COURT OF APPEALS
    ELEVENTH CIRCUIT
    July 2, 2008
    No. 07-14610                  THOMAS K. KAHN
    Non-Argument Calendar                 CLERK
    ________________________
    D. C. Docket No. 06-00038-CR-1-MMP
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    AARON MASSIE,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Northern District of Florida
    _________________________
    (July 2, 2008)
    Before ANDERSON, DUBINA and HULL, Circuit Judges.
    PER CURIAM:
    Appellant Aaron Massie appeals his 60-month sentence for conspiracy to
    manufacture marijuana. Massie argues the district court clearly erred in finding he
    was responsible for 163 marijuana plants and therefore subject to a statutory
    minimum sentence.
    We review determinations of drug quantities for clear error.
    United States v. Rodriguez, 
    398 F.3d 1291
    , 1296 (11th Cir. 2005). A statutory
    minimum sentence of 5 years is required in drug offenses when the offense
    committed involves 100 or more marijuana plants. 21 U.S.C. § 841(b)(1)(B)(vii).
    In determining the quantity of drugs involved for imposition of a statutory
    minimum sentence, the district court is limited to consideration of the quantity
    reasonably foreseeable by the defendant. United States v. O’Neal, 
    362 F.3d 1310
    ,
    1316 (11th Cir. 2004), vacated on other grounds by Sapp v. United States,
    
    543 U.S. 1106
    , 
    125 S. Ct. 1011
    , 
    160 L. Ed. 2d 1027
    (2005), reinstated by United
    States v. Sapp, 154 Fed. Appx. 161, 162 (11th Cir. 2005). If a quantity of drugs is
    not seized, “the court shall approximate the quantity of the controlled substance.”
    U.S.S.G. § 2D1.1 comment. (n.12). Sentencing should be based on “fair, accurate,
    and conservative estimates of the quantity of drugs attributable to a defendant,” not
    speculative calculations. See United States v. Zapata, 
    139 F.3d 1355
    , 1359
    (11th Cir. 1998).
    After reviewing the record and reading the parties’ briefs, we conclude that
    2
    the district court did not clearly err in determining that Massie qualified for the
    statutory minimum. Authorities found 85 plants in Massie’s house, and found 63
    plants in Paul Myhre’s house. Adding those plants with the 15 cuttings given by
    Massie to Alan Crossley, the district court correctly calculated that the amount of
    plants exceeded the 100 necessary under the statute. Accordingly, we affirm
    Massie’s sentence.
    AFFIRMED.
    3
    

Document Info

Docket Number: 07-14610

Citation Numbers: 284 F. App'x 711

Judges: Anderson, Dubina, Hull, Per Curiam

Filed Date: 7/2/2008

Precedential Status: Non-Precedential

Modified Date: 8/2/2023