Sentencing Guidelines and Sufficiency of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Joseph Faulkner and Otis Sykes

Case No.: 16-2860; 16-3525

Officials: EASTERBROOK and BARRETT, Circuit Judges, and STADTMUELLER, District Judge.

Focus: Sentencing Guidelines and Sufficiency of Evidence

Joseph Faulkner and Otis Sykes were convicted of conspiring to sell heroin at a place called the Keystone, an open-air drug market on Chicago’s west side. Faulkner was a leader of the gang which ran the market and Sykes was a low-level street dealer. In this consolidated appeal, Faulkner challenges numerous aspects of his conviction, while Sykes takes issue with his sentence. Neither presents arguments which merit reversal of the district court. Accordingly, we affirm the appellants’ convictions and sentences. We have jurisdiction over these appeals pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a).

Faulkner first challenges his convictions on Counts One, Two, and Three. “[W]e review a challenge to the sufficiency of the evidence,” as Faulkner presents here, “to determine only whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, viewing the evidence in the light most favorable to the government.” United States v. Webster, 775 F.3d 897, 904–05 (7th Cir. 2015). We cannot re-weigh the evidence or reassess witness credibility. United States v. Wasson, 679 F.3d 938, 949 (7th Cir. 2012). In other words, “we will ‘overturn the jury’s verdict only when the record contains no evidence, regardless of how it is weighed, from which the [factfinder] could find guilt beyond a reasonable doubt.’” United States v. Peterson, 823 F.3d 1113, 1120 (7th Cir. 2016) (quoting United States v. Pribble, 127 F.3d 583, 590 (7th Cir. 1997)). This burden has been described as “nearly insurmountable.” United States v. Taylor, 637 F.3d 812, 815 (7th Cir. 2011). None of Faulkner’s arguments can carry it.

We now turn to Faulkner’s co-defendant, Otis Sykes. He was charged in the same 2013 indictment attacking the Double I’s operations. Sykes was not a member of the gang but worked as a street-level seller. He was nevertheless charged with conspiring to distribute a controlled substance, in violation of 21 U.S.C. § 846, and seven counts of distributing heroin and cocaine base, in violation of 21 U.S.C. § 841(a)(1). After a bench trial, he was found guilty on all counts. Judge Bucklo found that Sykes was responsible for distributing less than 100 grams of heroin. The matter proceeded to sentencing. The presentence report calculated a sentencing Guidelines range of 135 to 168 months’ imprisonment. It further noted the government’s intention to introduce evidence of uncharged conduct, namely the murder of Andre Brown. Brown was a Double I member and engaged in various acts of extortion and violence in the Keystone area. He had also robbed Sykes about a week prior to his death. He was killed on the street by two hooded men on June 22, 2012. The district court held multiple evidentiary hearings on the Brown murder. It took testimony from several witnesses who placed Sykes at the scene with a gun, though none saw him actually shoot Brown. Sykes contends that the witnesses lacked credibility and that someone else likely killed Brown.

Sykes presents one issue on appeal: whether his above Guidelines sentence was unreasonable because the district court misapplied the Section 3553(a) factors. Section 3553(a) provides that a sentencing court must “impose a sentence sufficient, but not greater than necessary” to achieve the goals of sentencing, which include promoting respect for the law, punishment, deterrence, and protection of the public. 18 U.S.C. § 3553(a), (a)(2). It supplies seven factors the court must consider in carrying out this task. Id. § 3553(a)(1)–(7). These include accounting for the circumstances of the offense charged, the defendant’s criminal history, the need for deterrence and public protection, the Guidelines range, and the desire to avoid unwarranted sentence disparities among similarly situated defendants. Neither Faulkner nor Sykes offers sufficient reasons to call their convictions or sentences into question. As a result, we AFFIRM.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.