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United States v. William L. Ray, II
Citations: 59 F.3d 171; 1995 U.S. App. LEXIS 23440; 1995 WL 376718Docket: 94-3862
Court: Court of Appeals for the Sixth Circuit; June 22, 1995; Federal Appellate Court
William L. Ray appeals his sentence for possession with intent to distribute cocaine, arguing that the district court improperly converted $20,000 in seized cash into an equivalent amount of cocaine for sentencing. During a search of Ray's residence on July 1, 1993, law enforcement found 1.8 grams of crack cocaine and $20,030 in cash, along with additional cash and a firearm. Ray was indicted and subsequently convicted after a trial where evidence indicated the crack cocaine had a street value and was too large for personal use, alongside Ray's involvement in prior drug transactions. The district court sentenced Ray to 17 years and 6 months in prison, determining his base offense level by considering the seized cocaine, additional cocaine from a controlled purchase, and the cash's cocaine equivalent. Ray contends that the prosecution failed to prove he possessed more than the 1.8 grams of cocaine found and that the increase in his offense level due to the cash conversion was unjust. The appellate court reviews factual findings for clear error and notes that while converting seized cash into drug equivalents is permissible, it requires a preponderance of evidence showing the cash's origins are linked to drug sales. In this case, the court found insufficient evidence to establish that the cash was derived from illegal drug activities. Therefore, the appellate court reversed the district court's judgment and remanded the case for resentencing.