United States v. Johnny Lee Leonard

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USCA11 Case: 20-14045 Date Filed: 07/21/2021 Page: 1 of 10 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-14045 Non-Argument Calendar ________________________ D.C. Docket No. 2:94-cr-14098-WPD-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHNNY LEE LEONARD, a.k.a. Crow, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (July 21, 2021) Before WILSON, JILL PRYOR, and LUCK, Circuit Judges. PER CURIAM: USCA11 Case: 20-14045 Date Filed: 07/21/2021 Page: 2 of 10 Johnny Lee Leonard, a federal inmate serving a life sentence of imprisonment, appeals the district court’s partial denial, on remand, of his motion for a total sentence reduction under 18 U.S.C. § 3582(c)(1)(B) and section 404 of the First Step Act of 2018, after we vacated the district court’s earlier denial of the same motion.1 After careful review, we affirm. In 1994, a federal grand jury charged Leonard with conspiracy to distribute a detectable amount of crack cocaine, in violation of 21 U.S.C. § 846 (Count 1); distributing a detectable amount of crack cocaine, in violation of 21 U.S.C. § 841(a)(1) (Counts 2 and 3); employing a minor in the distribution of a detectable amount of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 861 (Count 4); and possession with intent to distribute crack cocaine, in violation of 21 U.S.C. § 841(a)(1) (Count 5). The government filed a § 851 enhancement notice and attached records of four prior felony drug convictions. At trial, a jury convicted Leonard on all counts. The Presentence Investigation Report (PSI) described the offense conduct and noted that law enforcement conducted four controlled purchases of crack cocaine from Leonard and his son. On one occasion, Leonard and his son were 1 United States v. Leonard, 827 F. App’x 993 (11th Cir. 2020) (per curiam). There, we vacated and remanded the case, holding that the district court’s orders left unclear whether it understood the extent of its authority to resentence Leonard under the First Step Act. Id. at 996. 2 USCA11 Case: 20-14045 Date Filed: 07/21/2021 Page: 3 of 10 assisted by two other individuals, one of whom was a juvenile. In the sale charged in Count 2, an undercover officer purchased 5.6 grams of crack cocaine from Leonard and his son. In the sale charged in Counts 3 and 4, Leonard sold 39.5 grams of crack cocaine to an undercover officer with the assistance of his minor daughter, who was 15 years old at the time of her involvement. At the time of Leonard’s arrest, law enforcement found him in possession of 85.4 grams of crack cocaine, as charged in Count 5. The PSI stated that the total amount of crack cocaine seized was 131.5 grams. The PSI assigned a base offense level of 33 because Leonard’s distribution offenses included between 50 and 150 grams of crack cocaine. It added a 4-level enhancement because Leonard was the leader and organizer of an offense involving at least 5 people, for an …

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