United States v. Liggins ( 2021 )

Case: 19-40413 Document: 00515822221 Page: 1 Date Filed: 04/14/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 14, 2021
No. 19-40413 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Clovis Shantez Liggins,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:15-CV-763
Before Barksdale, Graves, and Oldham, Circuit Judges.
Per Curiam:*
Clovis Shantez Liggins, federal prisoner # 16490-078, was convicted
of conspiracy to manufacture, distribute, or possess, with intent to distribute,
five kilograms or more of cocaine, 50 grams or more of cocaine base (crack
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 19-40413 Document: 00515822221 Page: 2 Date Filed: 04/14/2021
No. 19-40413
cocaine), and 1000 kilograms or more of marijuana, in violation of 21 U.S.C.
§§ 841(a), 846. He was sentenced to, inter alia, life imprisonment.
During Liggins’ criminal proceedings, the 2010 Fair Sentencing Act
(FSA) was enacted. The FSA, inter alia, increased the quantity of crack
cocaine necessary to impose the enhanced sentencing provisions of 21 U.S.C.
§ 841(b)(1)(A)(iii) from 50 grams or more to 280 grams or more.
Notwithstanding the FSA’s enactment, Liggins’ amended indictment
alleged a conspiracy involving, inter alia, 50 grams or more of crack cocaine.
Importantly, the jury’s special verdict also attributed to him 50 grams or
more of crack cocaine.
The presentence investigation report (PSR) determined Liggins was
responsible for 1285.6 grams of crack cocaine and, according to the 2010
version of the statute, he was subject to a mandatory life sentence because of
his two prior felony drug convictions. See 21 U.S.C. § 841(b)(1)(A) (2010).
At sentencing, the district court noted that, under the FSA’s amendments,
50 grams of crack cocaine would not mandate a life sentence. See id. The
court, however, reasoned it was not bound by the jury’s drug-quantity
determination because the jury found Liggins responsible for 50 grams or
more of crack cocaine. The court then relied on the PSR, along with evidence
presented at trial, to find Liggins responsible for 280 grams or more of crack
cocaine. Consequently, the court imposed a mandatory life sentence under
28 U.S.C. § 841(b)(1)(A).
Pursuant to a certificate of appealability granted by our court, Liggins,
proceeding pro se, contests the district court’s denial of his 28 U.S.C. § 2255motion. He contends: the court engaged in improper factfinding that
increased his minimum statutory sentencing range in violation of Alleyne v.
United States, 570 U.S. 99 (2013), and Apprendi v. New Jersey, 530 U.S. 466(2000); and his appellate counsel rendered ineffective assistance of counsel
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Case: 19-40413 Document: 00515822221 Page: 3 Date Filed: 04/14/2021
No. 19-40413
(IAC) by failing to challenge the court’s factfinding at sentencing. Liggins
asserts he should have been sentenced pursuant to 28 U.S.C. § 841(b)(1)(B),
under which he would have faced a statutory sentencing range of 120 months
to life. See 28 U.S.C. § 841(b)(1)(B) (2010) (stating an offense involving 28
grams or more of crack cocaine results in a statutory range of 120-months’
imprisonment to life for a defendant with a prior felony drug conviction).
Regarding § 2255 motions, we review the district court’s factual
findings for clear error; its legal conclusions, de novo. United States v. Cavitt,
550 F.3d 430, 435 (5th Cir. 2008). To succeed on an IAC claim, defendant
must show counsel’s performance was objectively deficient and, as a result,
defendant was prejudiced. Strickland v. Washington, 466 U.S. 668, 687
(1984).
The Government concedes the court engaged in improper factfinding
that increased Liggins’ mandatory minimum sentence. Under Alleyne, “facts
that increase mandatory minimum sentences must be submitted to the jury”.
In that regard, our court has explained a court may not disregard a jury’s
drug-quantity finding as it pertains to a mandatory minimum sentence. See
United States v. Akins, 746 F.3d 590, 612 (5th Cir. 2014) (“We agree with
[defendant] that the sentencing judge was in error insofar as he looked to a
crack cocaine calculation that was in excess of the jury’s finding and that
would trigger a higher sentence than the quantity found by the jury”.). In
addition, the Government acknowledges: in the light of Akins, appellate
counsel rendered deficient performance by failing on appeal to challenge the
judicial factfinding; and Liggins suffered prejudice because of the error.
VACATED; REMANDED for resentencing.
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