Background
Damario Lyons pleaded guilty to conspiring to distribute and possess with intent to distribute at least 50 grams of methamphetamine or at least 500 grams of a mixture or substance containing a detectable amount of methamphetamine. The U.S. District Court for the Western District of Louisiana sentenced him to 324 months in prison.
On appeal, Lyons challenged two sentencing adjustments: a two-level enhancement for maintaining a premises for manufacturing or distributing drugs under U.S.S.G. § 2D1.1(b)(12), and a two-level enhancement for an aggravating role in the offense under U.S.S.G. § 3B1.1(c).
The Court’s Holding
The Fifth Circuit affirmed. It held that the facts in the presentence report had sufficient indicia of reliability to support their probable accuracy and that Lyons had not rebutted those facts.
After reviewing the entire record, including the presentence report, the court concluded that Lyons had not shown clear error in the district court’s application of either the drug-premises enhancement or the aggravating-role enhancement.
Key Takeaways
- A sentencing court may rely on unrebutted facts in a presentence report when those facts bear sufficient indicia of reliability.
- Lyons failed to establish clear error in the two-level enhancement for maintaining a drug premises.
- Lyons also failed to establish clear error in the two-level enhancement for his aggravating role in the offense.
Why It Matters
The decision underscores that merely challenging a presentence report’s factual assertions may be insufficient on appeal. When reliable report facts remain unrebutted, they can support Guidelines enhancements under the deferential clear-error standard.