Opinion — United States v. Jackson (Dkt. 78, C.D. Ill.)

Summary

An opinion of U.S. District Judge Colleen R. Lawless in United States v. Sean Jackson, Case Nos. 22-cr-30026 and 22-cr-30061, in the U.S. District Court for the Central District of Illinois, filed August 21, 2024 as Doc. 78 in No. 22-cr-30026. It rules on the defendant's objections to the Revised Presentence Investigation Report after sentencing hearings that began July 10, 2024, with sentence to be imposed August 22, 2024. The court sustains the objection that his prior home invasion conviction does not qualify as a serious violent felony and the objection to a 2-level enhancement for a credible threat of violence, based on statements reported by DEA Agent Luke Edson. It overrules an objection to a 2-level enhancement under § 2D1.1(a)(12), and finds rulings on remaining objections unnecessary under Rule 32(i)(3)(B).

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

3:22-cr-30026-CRL-KLM # 78        Filed: 08/21/24     Page 1 of 14
                                                                                                E-FILED
                                                                Wednesday, 21 August, 2024 03:08:06 PM
                                                                           Clerk, U.S. District Court, ILCD

                       IN THE UNITED STATES DISTRICT COURT
                       FOR THE CENTRAL DISTRICT OF ILLINOIS
                               SPRINGFIELD DIVISION

UNITED STATES OF AMERICA,                    )
     Plaintiff,                              )
                                             )
     v.                                      )          Case Nos. 22-cr-30026
                                             )                    22-cr-30061
                                             )
SEAN JACKSON,                                )
     Defendant.                              )

                                         OPINION

COLLEEN R. LAWLESS, United States District Judge:

          The sentencing hearings as to Defendant Sean Jackson commenced on July 10,

2024, and sentence will be imposed on August 22, 2024. At the prior hearing, the Court

heard argument on Defendant's objections to the Revised Presentence Investigation

Report. While most of the objections relate to Case Number 22-cr-30026, there are two

objections made in both cases. After considering the parties' commentaries and

arguments, the Court now rules on Defendant's objections.

I.        Enhanced Penalty Objections

          Defendant initially objected to the enhanced penalties under 21 U.S.C. § 851 due

to prior convictions for home invasion, 720 ILCS 5/12-11(a)(2) (2007), and cannabis

trafficking, in violation of 720 ILCS 550/5.1. Defendant now withdraws his objection and

acknowledges the cannabis trafficking conviction qualifies as a serious drug felony under

21 U.S.C. § 802(57) based on the Supreme Court's recent decision in Brown v. United States,

144 S. Ct. 1195 (2024). Therefore, Defendant's mandatory minimum term of



                                         Page 1 of 14

              3:22-cr-30026-CRL-KLM # 78         Filed: 08/21/24    Page 2 of 14




imprisonment is increased from 10 years' imprisonment to 15 years' imprisonment, and

his mandatory term of supervised release is increased from 5 years to 10 years.

        Defendant maintains that his 2007 conviction for home invasion is not a "serious

violent felony" as necessary for a sentencing enhancement under 21 U.S.C. § 841(b)(l),

nor is it a" crime of violence" as necessary for a career offender designation under§ 4B1.1.

The term "serious violent felony" means, as relevant here, "any other offense punishable

by a maximum term of imprisonment of 10 years or more that has an element the use,

attempted use, or threatened use of physical force against the person of another." 18

U.S.C. § 3559(c)(2)(F). Based on this definition, the Government contends Defendant's

conviction for home invasion qualifies as a serious violent felony while Defendant argues

that, as defined under Illinois law, his conviction did not require the use, attempted use,

or threatened use of physical force.

       The parties agree that courts employ a categorical approach to determine whether

a state offense fits within the elements clause. See United States v. Taylor, 142 S. Ct. 2015,

2020 (2022). "Under the categorical approach, the only relevant question is whether the

federal felony at issue always requires the government to prove- beyond a reasonable

doubt, as an element of its case-the use, attempted use, or threatened use of force."

United States v. States, 72 F.4th 778, 783-84 (7th Cir. 2023) (internal quotation marks

omitted). If the crime can be committed without the government proving one of those

elements, there is a categorical mismatch and the crime is not a predicate offense for the

enhancement. United States v. Brown, 74 F.4th 527, 530 (7th Cir. 2023); see also United States

v. Smith, _   F.4th __/ 2024 WL3506195, at *1 (7th Cir. July 23, 2024) ("To be sure that

                                         Page 2 of 14

               3:22-cr-30026-CRL-KLM # 78        Filed: 08/21/24    Page 3 of 14




Smith's prior offense qualifies as a predicate offense for the sentence enhancements, we

must determine whether the enhancements' definitions of serious violent felony and

crime of violence are broad enough to encompass the elements of Smith's statute of

conviction.").

       A statute is divisible if, instead of defining a single set of elements for a single

crime, it defines multiple crimes by "listing elements in the alternative." Elion v. United

States, 76 F.4th 620,626 (7th Cir. 2023). If the statute is divisible, courts may employ the

modified categorical approach which allows courts to examine a limited number of

record documents to determine the crime and elements of the defendant's prior

conviction. Id. Once the precise elements of conviction are identified, a court can then

compare that crime with the applicable Guidelines offense. Id. "If the elements of that

crime fall within the coverage of that offense, then there is no mismatch, even if the same

statute lists other offenses with broader elements." Id. If the prior statute of conviction is

broader than the Guidelines offense and indivisible, the prior conviction does not qualify

as a predicate offense even if the Guidelines offense covers the facts of defendant's actual

conduct. Id.

       The parties agree that, because the statute in effect at the time of Defendant's

conviction listed six alternative elements, the statute is generally divisible. When a statute

is generally divisible, courts look only at the specific subsection to which the defendant

pied guilty. United States v. Ruth, 966 F.3d 642, 649-50 (7th Cir. 2020). The charging

instrument from Defendant's case shows that he pied guilty to Count II, which

specifically alleged a violation of subsection (a)(2). That subsection is not itself divisible

                                         Page3 of 14

              3:22-cr-30026-CRL-KLM # 78          Filed: 08/21/24    Page 4 of 14




because it does not include further alternative elements. See Ruth, 966 F.3d at 650. The

Court now turns to whether that specific subsection has as an element" the use, attempted

use, or threatened use of physical force against the person of another."18 U.S.C. §

3559(c)(2)(F)(ii).

         The Government notes that the Supreme Court has interpreted the term "physical

force" under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(B), as "force

capable of causing physical pain or injury to another person." Johnson v. United States, 559

U.S. 133, 138-40 (2010). Subsequently, the Supreme Court concluded that Johnson does     II




not require any particular degree of likelihood or probability that the force used will

cause physical pain or injury, only potentiality." Stokeling v. United States, 586 U.S. 73, 84

(2019). "[F]orce is capable of causing physical injury within the meaning of Johnson when

it is sufficient to overcome a victim's resistance." Id. (internal quotation marks omitted).

Id. at 85. At common law, "[o]vercoming a victim's resistance was per se violence against

the victim, even if it ultimately caused minimal pain or injury." Id. at 83-84.

         The Seventh Circuit noted that "[t]his understanding ... comported with Curtis

Johnson's requirement that the force be 'capable of causing physical pain or injury,' since

any overcoming of resistance involves a 'physical contest' and 'it is the physical contest

between the criminal and the victim that is itself 'capable of causing physical pain or

injury."' Johnson v. United States, 24 F.4th 1110, 1120 (7th Cir. 2022) (quoting Skokeling, 586

U.S. at 84, and Johnson, 559 U.S. at 140) (internal citations omitted). The court concluded
    II
that after Curtis Johnson, any offense involving force 'capable of causing physical pain or

injury' is sufficient to qualify as a violent felony under the ACCA. And after Skokeling, an

                                         Page4 of 14

             3:22-cr-30026-CRL-KLM # 78         Filed: 08/21/24    Page 5 of 14




offense per se satisfies Curtis Johnson's definition of force if it involves the offender's

overcoming the victim's resistance." Id. at 1120.

       As noted, the parties dispute whether home invasion qualifies as a crime of

violence under§ 3559(c)(2)(F)(ii). The only element relevant to the consideration involves

whether Defendant "intentionally causes any injury, except [by discharge of a firearm],

to any person or persons within the dwelling place." 720 ILCS 5/12-ll(a)(2).

       The Government notes that Illinois law requires the use of an appropriate pattern

jury instruction when one exists. People v. Sims, 192 Ill.2d 348, 412 (2000). According to

Illinois Pattern Criminal Jury Instruction 11.54, the definition of injury is found under

Instruction 11.53B, which states that" [t]he term' injury' in the definition of home invasion

may include physical injury. It also includes psychological or emotional trauma if that

trauma was the result of some physical contact." Thus, there must be physical contact

causing one of those types of injuries to sustain a conviction for home invasion.

       Defendant alleges the injury element does not fit within the elements clause

because it allows the State to prove "any injury" and not just injuries caused by an

offender's use of force. Psychological injury alone can satisfy this element. People v.

Hudson, 228 Ill.2d 181, 195 (2008). Defendant notes that an offender need not use force or

even touch a victim to cause psychological injury. "[A]ny physical, emotional,

psychological, or traumatic injury intentionally caused by the defendant to a person

inside the dwelling is sufficient to satisfy this required element, with or without physical

contact." People v. Dorsey, 66 N.E.3d 914,920 (4th Dist. 2016). Based on Hudson and Dorsey,

Defendant contends that mere proof of emotional trauma is enough to sustain a

                                        Page 5 of 14

             3:22-cr-30026-CRL-KLM # 78         Filed: 08/21/24   Page 6 of 14




conviction, regardless of whether Defendant used force, attempted force, or threatened

force to cause that trauma. Therefore, Defendant alleges the injury element for home

invasion is a categorical mismatch because it encompasses offense conduct that is broader

than the federal elements clause.

       The Government argues that each case that Defendant relies on for the proposition

that "any injury" include "purely emotional, mental, or psychological injury or trauma"

also demonstrates physical contact against the victim or another in the home. In Dorsey,

the defendant shoved one of the victim's daughters upon entering the home and had

fought with police in the same room the victim and her daughters were in. Dorsey, 66

N.E.3d at 922. In Hudson, the defendant grabbed the victim's wrists and face and pushed

her against the basement door before then grabbing her hair and pulling her toward the

back door. Hudson, 228 Ill.2d at 183-84.

       The Government states that, in each of the examples cited by Defendant, some

degree of force was used to cause the injury. Additionally, other Illinois courts, while not

citing Dorsey, have noted that "[t]he term injury and the definition of home invasion may

include physical injury. It also includes psychological or emotional trauma, if that trauma

was a result of some physical contact." People v. Okoro, 208 N.E.3d 1084, 1094 (1st Dist.

2022); see also People v. Brocksom, 2021 IL App (2d) 191-1098-U, 28 ("The term 'injury' in

the definition of home invasion may include physical injury. It also includes

psychological or emotional trauma if that trauma was a result of some physical contact.").

The Government states that, when applying this framework, force sufficient to cause an



                                        Page 6 of 14

             3:22-cr-30026-CRL-KLM # 78         Filed: 08/21/24    Page 7 of 14




injury-including emotional trauma-to a victim in the context of Illinois' home invasion

statute should also meet the elements clause outlined in 18 U.S.C. § 3559(c)(2)(F)(ii).

       The Court adheres to its earlier ruling in United States v. Bull, No. 20-cr-30046 (C.D.

Ill. Dec. 12, 2023), when it concluded that an Illinois home invasion is not a serious violent

felony. While the Government correctly notes that Dorsey and Hudson involved physical

contact in addition to emotional, mental, or psychological trauma, the Illinois Supreme

Court stated that psychological injury alone can satisfy the injury element. See Hudson,

228 Ill.2d at 195 ("Thus, we hold that proof of psychologi.cal injury or trauma satisfies the

injury elements of section 12-ll(a)(2) of the Criminal Code of 1961."). The Illinois

Appellate Court also held that "any injury" "means just that-any physical, emotional,

psychological, or traumatic injury ...with or without physical contact." See Dorsey, 66

N.E.3d at 920. Accordingly, the Court SUSTAINS Defendant's Objection and concludes

Defendant's prior home invasion conviction does not qualify as a serious violent felony

to increase the mandatory minimum sentence or a crime of violence supporting the career

offender enhancement.

II.   Threat Enhancement

      Defendant objects to the 2-level enhancement in paragraph 36 under§ 2Dl.l(b)(2),

which states, "If the defendant used violence, made a credible threat to use violence, or

directed the use of violence, increase 2 levels." While Defendant was being booked at the

DEA Office in Springfield following his arrest, DEA Agent Luke Edson reported

Defendant stated the following:



                                        Page 7 of 14

             3:22-cr-30026-CRL-KLM # 78          Filed: 08/21/24   Page 8 of 14




       JACKSON spontaneously stated he should have killed "Dante." JACKSON said
       he seriously should have killed Dante. JACKSON said he decided to wait to kill
       Dante until he knew it was him. JACKSON said otherwise he would have to live
       with his decision if he was wrong.

(Doc. 67 at 13). Defendant cites Black's Law Dictionary, which defines "threat" as "an

avowed present determination or intent to injure presently or in the future." Defendant

claims that the context of the statements reveals they were not true threats. The

statements were made out of frustration and anger following his arrest. It also strains

credulity to suggest that Defendant was informing law enforcement of a plan to kill the

cooperating witness. Defendant further asserts the Government has produced no

evidence that Defendant took any actions in furtherance of his statements.

       The Government claims that the statements were in fact a present determination

to take action in the future, once he was able to confirm that "Dante" was the confidential

source (CS). Defendant even noted that he should have already done so. Moreover, the

statements were made before any detention order was entered and thus at a time when

Defendant's release was possible. The Government contends the 2-point enhancement

for credible threats of violence should apply.

       There does not appear to be any case law addressing whether the enhancement for

credible threats applies in this context. The commentary to§ 2Dl.l(b)(2) is also silent on

the issue. While Defendant's statements might reasonably be perceived by the CS as a

threat, they do not constitute credible threats based on the circumstances surrounding

the statements. Defendant made the statements directly to law enforcement after he was

arrested and booked into custody. The statements appear to either be expressions of


                                       Page 8 of 14

             3:22-cr-30026-CRL-KLM # 78          Filed: 08/21/24   Page 9 of 14




regret that he did not kill the CS earlier or, more plausibly, statements expressing

frustration and anger following his arrest. The statements are not reasonably taken as

expressions of an intent to take action in the future. Therefore, the Court SUSTAINS

Defendant's Objection and concludes that the 2-point enhancement for making a credible

threat to use violence does not apply.

III.   Premises Enhancement

       Defendant objects to the 2-level enhancement in paragraph 37 under §

2Dl.l(a)(12), which applies "[i]f the defendant maintained a premises for the purpose of

manufacturing or distributing a controlled substance." The commentary provides:

       Among the factors the court should consider in determining whether the
       defendant "maintained" the premises are (A) whether the defendant held a
       possessory interest in (e.g., owned or rented) the premises and (B) the extent to
       which the defendant controlled access to, or activities at, the premises.

       Manufacturing or distributing a controlled substance need not be the sole purpose
       for which the premises was maintained, but must be one of the defendant's
       primary or principal uses for the premises, rather than one of the defendant's
       incidental or collateral uses for the premises. In making this determination, the
       court should consider how frequently the premises was used by the defendant for
       manufacturing or distributing a controlled substance and how frequently the
       premises was used by the defendant for lawful purposes.

§ 2Dl.1 cmt. n. 17. "[A]n individual 'maintains' a drug house if he owns or rents premises,


or exercises control over them, and for a sustained period of time, uses those premises to

manufacture, store, or sell drugs, or directs others to those premises to obtain drugs."

United States v. Acosta, 534 F.3d 574,591 (7th Cir. 2008).

       Defendant claims that the record does not demonstrate that he used 2120 East

Monroe Street for a sustained period of time to manufacture, store, or sell drugs. Three


                                         Page 9 of 14

            3:22-cr-30026-CRL-KLM # 78          Filed: 08/21/24   Page 10 of 14




controlled buys from the home occurred on July 27, 2021, August 5, 2021, and August 11,

2021. Defendant contends that a 16-day period is not a "sustained period of time."

Discovery materials indicate that agents unsuccessfully attempted other controlled buys,

which Defendant claims indicates he did not continue to sell drugs from the residence.

       Defendant states that, when agents executed a search warrant at 2120 East Monroe

Street in May 2022, they found no drugs, no money, no drug ledgers, no scales, or any

other indicia of drug sales from the location. The agents found "white wrappings, black

paper and a dryer sheet" in the kitchen trash can, and "a bundle of brown and black

paper with white wrappings" in the garage. Subsequently, the wrappings from the

kitchen tested positive for methamphetamine and cocaine, while the wrappings from the

garage field tested positive for cocaine.

       Defendant contends there is no evidence as to how long the "wrappings" had been

in the home. Moreover, given that Defendant was using methamphetamine until the time

of his arrest, there is no evidence the wrappings were from drugs being sold as opposed

to drugs being used. Thus, Defendant claims the record does not establish that he used

the address "for a sustained period of time" to "manufacture, store, or sell drugs, or direct

others to those premises to obtain drugs" to support the enhancement.

       The Government notes that the Court need not find that Defendant stored multiple

kilograms of drugs over an extended period of time for the enhancement to apply. On

July 27, 2021, Defendant sold 123.5 grams of cocaine to the CS from 2120 East Monroe.

On August 5, 2021, Defendant sold 448 grams of methamphetamine to the CS. Instead of

conducting the transaction in the confidential source's vehicle, Defendant had the CS

                                        Page 10 of 14

            3:22-cr-30026-CRL-KLM # 78        Filed: 08/21/24   Page 11 of 14




come inside the residence to conduct the transaction. On August 11, 2021, Defendant told

the CS to come to the residence to conduct the drug transaction, at which time Defendant

sold him 449.9 grams of methamphetamine.

       The Government further notes that Defendant owned and maintained control over

2120 East Monroe Street during the transactions at issue through the time he was arrested.

In May of 2022, DEA agents conducted a search of the residence and discovered the items

in the kitchen trash can which contained methamphetamine residue and items in the

garage which confirmed the presence of cocaine. The items which included white

wrappings, black paper, and a dryer sheet and a bundle of brown and black paper with

white wrappings are commonly used to transport illegal substances.

       In further support of its position, the Government has submitted several exhibits

which include an image and videos from Defendant's Snapchat account. The first is an

image showing a large stack of U.S. currency. The second is a video showing Defendant

wearing expensive jewelry. The third is a video showing Defendant with a large amount

of U.S. currency, while the fourth shows Defendant counting a large amount of U.S.

currency. The Government notes each of these is dated months after Defendant's last sale

of controlled substances to the CS.

      Defendant has acknowledged never having held a position of employment. Thus,

the Government claims that his livelihood has been selling drugs. The Government

contends that the images and videos along with the indicia of drug distribution and

packaging material found inside 2120 East Monroe Street in May 2022 establish that



                                      Page11 of14

            3:22-cr-30026-CRL-KLM # 78          Filed: 08/21/24   Page 12 of 14




Defendant made his living selling drugs well after the sales to the CS in July and August

of 2021.

       In United States v. Craft, 99 F.4th 407 (7th Cir. 2024), the Seventh Circuit noted that

courts should not employ a "simple balancing test" comparing the frequency of lawful

activities with those that are unlawful. Id. at 411. Instead, courts are to consider "both the

frequency and significance of the illicit activities, including factors such as quantities

dealt, customer interactions, keeping tools of the trade and business records, and

accepting payment." Id. (internal quotation marks and citations omitted). In Craft, the

Seventh Circuit found the evidence insufficient to support the enhancement when the

only evidence presented was that defendant had transferred methamphetamine to his

roommate at the home on "several" occasions for later distribution. Id. There was no

evidence that Defendant sold methamphetamine to anyone else at the home. Id.

Moreover, law enforcement did not find any other evidence of drug activity that might

suggest that defendant primarily used the premises for drug distribution. Id. The court

also found significant the fact that on most occasions, defendant transferred drugs to his

roommate at a local gas station and not at the home. Id. at 411-12. This suggested that the

distribution of drugs was not a "primary or principal" use of the premises and was

merely incidental to their residence at the home. Id.at 412. While the fact that a defendant

may make his livelihood selling drugs can be a relevant consideration, that is "not

sufficient, by itself, to support the application of the premises enhancement. After all, the

fact that a defendant earns his entire livelihood selling drugs does not necessarily mean

he manufactures or sells those drugs at his home. Any other conclusion would be

                                        Page 12 of 14

            3:22-cr-30026-CRL-KLM # 78          Filed: 08/21/24   Page 13 of 14




divorced from the text of the enhancement, which provides for a two-level enhancement

only if the premises is maintained for the purpose of 'manufacturing or distributing' a

controlled substance." Id. at 412-13.

       Unlike the defendant in Craft, Mr. Jackson had a separate primary residence in

Springfield where he resided. Defendant owned and maintained sole control over the

Monroe Street residence during the period in question. Defendant does not suggest any

other use of the residence. At Defendant's direction, all three drug transactions took place

at 2120 East Monroe Street. Nine or ten months later, pursuant to a search warrant, DEA

agents located several materials that tested positive for the presence of drugs and which

are commonly used for trafficking illegal substances. The execution of the search warrant

at Defendant's primary residence did not produce any illegal substances or related

materials. Additionally, the images and videos showing Defendant with a large amount

of U.S. currency or wearing expensive jewelry are dated well after the drug transactions

in August of 2022. The Court concludes that all of these factors along with Defendant's

lack of any employment history indicate that 2120 East Monroe was maintained "for the

purpose of manufacturing or distributing a controlled substance." Thus, the 2-level

enhancement under § 2D1.1(a)(12) is appropriate, and Defendant's Objection is

OVERRULED.

IV.   Remaining Objections

      Defendant objects to certain guideline calculations based on the other objections

he has advanced. The Court will address the calculations when the sentencing hearing

resumes.

                                        Page 13 of 14

              3:22-cr-30026-CRL-KLM # 78        Filed: 08/21/24   Page 14 of 14




          Defendant also objects to paragraph 49 and claims he did not strike Marcus

Holmes in the head with an object when he committed the offense of home invasion in

2007. He does not admit he hit anyone on the head or used, threatened, or attempted to

use physical force. Defendant makes the same objection to paragraph 37 in Case Number

22-cr-30061. Pursuant to Rule 32(i)(3)(B), the Court finds that a ruling on these objections

are unnecessary because the matter will not affect sentencing.

          Defendant objects to paragraph 88 which states he is a member of the Gangster

Disciples. He acknowledges being a member of the gang SQAD (Shoot Quick Avoid

Death) but denies being a current or former member of the Gangster Disciples. Defendant

makes the same objection to paragraph 75 in Case Number 22-cr-30061. Pursuant to Rule

32(i)(3)(B), the Court finds that a ruling on these objections are unnecessary because the

matter will not affect sentencing.

          The Clerk is Directed to send a copy of this Order to the United States Probation

Office.

ENTER: August 21, 2024



                                                              . LAWLESS
                                                            TATES DISTRICT JUDGE




                                        Page 14 of 14

File and source

File

gov.uscourts.ilcd.86539.78.0.pdf

Size

5,307,711 bytes

SHA-256

52d052745d783c5e7870880745f93fd63e9dd3fab393f0dbbacea9df1f72b18b

Our copy

gov.uscourts.ilcd.86539.78.0.pdf

Original

archive.org