United States v. Robert L. Alexander, Jr., Also Known as Junior Alexander, United States of America v. Robert J. O'brien, Also Known as Grady O'brien, United States of America v. Bernard N. Kvamme, Jr.

Citations: 53 F.3d 888; 1995 U.S. App. LEXIS 8711Docket: 94-2520

Court: Court of Appeals for the Eighth Circuit; April 17, 1995; Federal Appellate Court

Combined Opinion SummaryCombined Opinion Original

EnglishEspañolSimplified EnglishEspañol Fácil

Robert L. Alexander, Jr., Robert J. O'Brien, and Bernard N. Kvamme, Jr. appealed their sentences after pleading guilty to various drug charges, including conspiracy and possession with intent to distribute marijuana. Alexander received a 324-month prison sentence and five years of supervised release for conspiracy and possession of 100 pounds of marijuana. O'Brien was sentenced to 60 months for possession of five and twelve pounds of marijuana, to be served consecutively, with three years of supervised release. Kvamme received a 60-month sentence for possession of 100 and 300 pounds of marijuana, along with five years of supervised release. 

All three defendants contended that the district court made errors in applying the Sentencing Guidelines, particularly regarding enhancements for obstruction of justice and firearm possession. The court found that Alexander's actions in giving money to a co-conspirator, James Aldrich, who had previously traveled with him to procure marijuana, constituted obstruction of justice. Additionally, the court ruled that Alexander's involvement with firearms warranted a sentencing enhancement. The Eighth Circuit Court of Appeals reviewed the findings under the clearly erroneous standard and affirmed all sentences. The facts indicated that Alexander operated a drug distribution network primarily involving marijuana sourced from both local and out-of-state suppliers, utilizing helpers like O'Brien and Kvamme for transportation and distribution.

Police conducted a search of Aldrich's home, discovering drugs. Following this, Aldrich contacted Kvamme seeking money to evade prosecution, leading to two meetings. During their first meeting, Kvamme checked Aldrich for a wiretap and advised against fleeing, which Aldrich ignored. Kvamme ultimately provided Aldrich with $1,000, after which Aldrich absconded, unlawfully taking Alexander's truck. While on the run, Aldrich, having exhausted his funds, met Alexander and Kvamme again, resulting in Alexander retrieving his truck and giving Aldrich an additional $300. The court determined that Alexander aided Aldrich's escape, warranting a two-level increase in Alexander's offense level due to his obstruction of justice. This conclusion was based on the inference that Alexander sought to prevent Aldrich from cooperating with law enforcement, aligning with the principles outlined in section 3C1.1 of the guidelines regarding witness cooperation.

Alexander further argued that financing a witness's flight does not constitute obstruction under section 3C1.1. However, the court distinguished this case, noting that Alexander's actions aimed to keep Aldrich from being a government witness, which is indeed covered under the obstruction provision.

Additionally, Alexander contested the connection between guns found in his home and the drug conspiracy. The guidelines stipulate that the presence of weapons can indicate increased danger in drug trafficking unless it is highly improbable that they are related to the offense. Two shotguns were located in Alexander's bedroom, accompanied by ammunition and a stash can containing methamphetamine and cash. Despite Alexander’s claims that the guns could have been for hunting or belonged to his girlfriend, the court found sufficient proximity between the firearms and the drugs to establish a connection to his drug activities. This conclusion was supported by precedents where proximity of weapons to drugs justified enhancements under the guidelines. Lastly, Alexander challenged the calculation of drugs attributed to him, although specific details of this argument were not provided in the excerpt.

The court attributed a total of 1,379.02 kilograms of marijuana to Alexander, which included small amounts of other drugs converted to marijuana equivalents. Of this total, 907.2 kilograms (2,000 pounds) was established through Robert Loeschke's testimony, who claimed to have purchased between 2,000 and 4,000 pounds of marijuana from Alexander from January 1988 to January 1990. The court accepted the lower estimate of 2,000 pounds despite Alexander's argument that Loeschke's profit estimates contradicted the quantity sold. The court found that the vagueness of Loeschke's profit testimony did not undermine his credibility.

Alexander contested the responsibility for two ounces of 'crystal' attributed to him based on Loeschke's testimony, arguing it could have been amphetamine rather than methamphetamine, which has a lower weight under guidelines. The court determined it was reasonable to classify the 'crystal' as methamphetamine, equating to 56.7 kilograms of marijuana. However, this classification did not impact Alexander's sentencing range of 360 months to life, as he received a 324-month sentence, indicating no harm from this inclusion.

Alexander also challenged the inclusion of 255 and 300 pounds of marijuana based on testimony from Raymond Bennett and James Aldrich, but the court found sufficient basis for these conclusions. Furthermore, Alexander contested the assessment of two criminal history points for engaging in criminal activity within two years of his previous release, a point he did not dispute and thus deemed meritless. Lastly, Alexander argued for a downward departure in sentencing due to an over-representation of his criminal history, but the court's discretion in this matter is not subject to review.

In a related matter, O'Brien was found responsible for 525 kilograms of marijuana, and his challenges to this finding relied on the credibility of witnesses, which the district court deemed not clearly erroneous.

O'Brien challenges a two-level sentencing enhancement under USSG Sec. 3B1.1(c), which was applied based on his significant role in a drug trafficking operation led by Mr. Alexander. The district court characterized O'Brien as a major player and provided evidence showing he acted as Alexander's lieutenant, handling drug deliveries, collecting debts, and distributing marijuana. His level of involvement justified the enhancement.

Kvamme contends that the district court incorrectly enhanced his sentence for obstructing justice by aiding Aldrich's flight. Although he argues that his actions were unrelated to his own offense, the court maintained that they were pertinent because they aimed to prevent Aldrich from cooperating with authorities regarding Kvamme. Kvamme claimed to be a minor participant entitled to a reduction, but evidence indicated otherwise, including his involvement in significant marijuana shipments and participation in conspiratorial meetings, failing to demonstrate a lesser culpability than other participants.

Kvamme also disputed his accountability for 400 pounds of marijuana, a claim the court deemed meritless since he had pled guilty to that amount and affirmed its accuracy. The district court's sentences for both O'Brien and Kvamme were ultimately affirmed.