Submitted: September 22, 2017
from United States District Court for the Western District of
Missouri - Kansas City
COLLOTON, BENTON, and KELLY, Circuit Judges.
COLLOTON, Circuit Judge.
convicted Antonio Robertson of conspiracy to possess and
distribute 100 grams or more of phencyclidine
("PCP") and conspiracy to commit money laundering.
The district court sentenced Robertson to 252 months'
imprisonment. Robertson appeals his convictions and
sentences. We affirm the convictions but remand for a
correction to Robertson's sentence on the money
a routine traffic stop in 2008, Kansas state troopers
discovered a large quantity of PCP in a rental car bound for
Kansas City, Missouri. The driver of the vehicle was
transporting PCP to a man named Walter Sorrells.
Investigation showed that Sorrells repackaged PCP for
distribution in one-gram, two-ounce, and eight-ounce
quantities. A cooperating witness explained how Sorrells
referred to each of these quantities. Sorrells sold one-gram
quantities of PCP in packages of More brand cigarettes dipped
in PCP; these were known as "dips." Sorrells also
packaged two ounces, or 47.2 grams, of PCP in reused vanilla
extract bottles, referred to as a "red tops."
Sorrells distributed eight-ounce quantities, or 198 grams, of
PCP in lemon and lime juice bottles, referred to as
"yellow tops" and "green tops." Sorrells
transferred PCP to people who would sell the drug and pay him
obtaining a wiretap on Sorrells's phone, the government
intercepted several narcotics-related phone calls and text
messages between Sorrells and Robertson during the summer of
2011. An investigating officer testified that drug
traffickers often spoke in code when referring to narcotics.
On July 21, for example, Robertson requested and received one
"CD" from Sorrells. On July 22, he requested a
"ticket, " and arranged to meet Sorrells at a
QuikTrip gas station.
25, Robertson requested four "green jolly ranchers,
" or "green ones, " from Sorrells-one for
Robertson and three for Robertson's partner-and arranged
to meet the following day. On the morning of July 26,
Robertson increased his order, requesting "at least
two" for himself and three for his partner if the
partner was "still ready." Sorrells directed his
associate, Colette Douglas, to complete the transaction with
Robertson at a McDonald's restaurant. Robertson contacted
Sorrells again on August 2. In that conversation, Sorrells
agreed to meet Robertson at a gas station and said that he
was going to give Robertson "the same number I gave you
on the last one." Robertson replied that
"[i]t's like seven."
later, on August 9, Robertson agreed to pick up three
eight-ounce containers of PCP from Sorrells at his home. A
detective conducted surveillance outside Sorrells's home
on that date. He saw Robertson arrive in a white Kia
automobile and watched as Sorrells retrieved a package from
his truck, climbed into the passenger side of the Kia, and
then exited the Kia without the package. After Robertson
drove away, police attempted to stop his vehicle, but
Robertson fled. Police located the Kia after it was
abandoned. Inside the car, officers found Robertson's
identification and several cigarettes not yet
"dipped" with PCP. Robertson called Sorrells that
night, informing him that he had lost one of the three
containers of PCP and buried the other two.
2013, a grand jury charged twenty defendants, including
Robertson, with two conspiracy offenses: conspiracy to
distribute and to possess with intent to distribute one
kilogram or more of PCP, 280 grams or more of cocaine base,
and 500 grams or more of cocaine, in violation of 21 U.S.C.
§ 841(a)(1), (b)(1)(A) & (B), and conspiracy to
commit money laundering, in violation of 18 U.S.C. §
1956(a)(1)(A)(i) & (h). After a three-day trial, a jury
found Robertson guilty of a lesser-included drug trafficking
offense (conspiracy to distribute 100 grams or more of PCP)
and guilty of the conspiracy to commit money laundering.
sentencing, the district court concluded by a preponderance
of the evidence that Robertson was responsible for at least
one kilogram of PCP and calculated his base offense level at
30 under USSG §§ 2S1.1(a)(1) and 2D1.1(c)(5). The
court then applied a two-level increase under USSG §
2S1.1(b)(2)(B), because Robertson was convicted of money
laundering conspiracy under 18 U.S.C. § 1956. Finally,
the court applied a two-level increase under USSG §
3C1.2 for reckless endangerment during flight on August 9.
With a total offense level of 34 and criminal history
category IV, Robertson's guideline range was 210 to 262
months. The court sentenced him to 252 months'
imprisonment on each count, to be served concurrently.
first appeals the district court's finding at sentencing
that he was accountable for one kilogram of PCP. We review
the district court's finding of drug quantity for clear
error. United States v. Bradley, 643 F.3d 1121, 1126
(8th Cir. 2011). Under the sentencing guidelines, a
conspiracy defendant's base offense level, including drug
quantity, is determined based on his own acts and "all
acts and omissions of others that were . . . (i) within the
scope of the jointly undertaken criminal activity, (ii) in
furtherance of that criminal activity, and (iii) reasonably
foreseeable in connection with that criminal activity."
USSG § 1B1.3(a)(1)(B). Where not all drugs have been
seized, the district court may "approximate the quantity
of drugs." United States v. Frazier, 280 F.3d
835, 851 (8th ...