Case: 12-10794 Date Filed: 01/28/2013 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-10794
Non-Argument Calendar
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D.C. Docket No. 8:10-cr-00485-VMC-TGW-3
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllllPlaintiff-Appellee,
versus
MAURICE LAVON JOHNSON,
llllllllllllllllllllllllllllllllllllllllDefendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(January 28, 2013)
Before CARNES, BARKETT and BLACK, Circuit Judges.
Case: 12-10794 Date Filed: 01/28/2013 Page: 2 of 3
PER CURIAM:
Maurice Lavon Johnson appeals his 48-month, below-range sentence after a
jury convicted him of conspiracy to possess with intent to distribute marijuana, in
violation of 21 U.S.C. §§ 846 and 841(a)(1). Johnson contends the district court
clearly erred in holding him accountable for 400 pounds of marijuana. Johnson
concedes his involvement in an October 21, 2010 drug transaction, but maintains
that its object was the purchase of only 100 pounds of marijuana.
A district court’s determination of drug quantity used to establish a
defendant’s base offense level under the Sentencing Guidelines is reviewed for
clear error. United States v. Lawrence, 47 F.3d 1559, 1565 (11th Cir. 1995). The
government has the burden of establishing its contention with respect to drug
quantity by a preponderance of the evidence. Id. at 1566. The Guidelines provide
that, “in the case of a jointly undertaken criminal activity,” a defendant is
accountable for “all reasonably foreseeable quantities of contraband that were
within the scope of the criminal activity that he jointly undertook.” U.S.S.G.
§ 1B1.3, cmt. n.2. Accordingly, even if a drug-conspiracy defendant was not party
to any transaction negotiations—indeed, even if he did not know the type or
quantity of drugs involved—he may be held accountable for the amount of drugs
falling within the scope of the conspiracy. See United States v. Alvarez-Coria,
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Case: 12-10794 Date Filed: 01/28/2013 Page: 3 of 3
447 F.3d 1340, 1344 (11th Cir. 2006) (“The fact that [the defendant] did not know
the type or quantity of drugs did not preclude the district court from attributing the
drugs to him for sentencing purposes.”).
The district court did not clearly err in calculating the drug quantity
attributable to Johnson. At trial, the individual who brokered the drug deal
testified that it involved 400 pounds of marijuana, and the undercover agent
corroborated that account. In addition, the purchaser testified that he brought
$70,000 with him to consummate the deal—enough funds to purchase 100 pounds
of marijuana—but also testified that he had contemplated and discussed the
possibility of purchasing 300 to 400 pounds. Finally, the undercover agent’s
testimony revealed that on the day of the transaction both he and a confidential
informant communicated to Johnson that the deal involved 400 pounds of
marijuana. Crediting this testimony, the district court could reasonably infer that
the scope of the October 21 transaction involved 400 pounds of marijuana, and
further, that Johnson was apprised of as much. Accordingly, we affirm.
AFFIRMED.
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