David Mosby
#11844-064
Federal Sentence: 40 years
Offense: Methamphetamine conspiracy (69 pounds)
Court: 8th Circuit, Eastern District of Missouri
Priors: None
Date of Sentencing: 5/10/91
Date of Birth: 9/4/51
Projected Release Date: 1/16/2025
Nature of Offense: David became entangled with a methamphetamine conspiracy involving members of the Pharaohs Motorcycle Club in Missouri. The conspiracy had been transpiring for five years, but David joined towards the end of it. What little evidence the government had to prove David was receiving or transporting methamphetamine involved a 2-pound purchase and the anticipated 4-pound purchase for which he and his coconspirators were arrested. Because of testimony against David from someone else in the conspiracy and a tape of David saying that he “drove” for two years, the government determined that David had knowledge of the full extent of the conspiracy. Therefore, David was held accountable for all of the drugs his codefendants were estimated to have handled during the entire five-year period, totaling 69 pounds. The government also enhanced David's sentence because of the firearms found in his home, even though a jury acquitted him of those charges.
Judges’ Statements: David and his codefendants lost their appeal on legal grounds, but two of the three judges on the Eighth Circuit Court of Appeals went out of their way to show their disapproval of the way they were sentenced. Judge Richard S. Arnold, who wrote the court's opinion, spoke on behalf of himself only and included a footnote about the government's (legal) gun enhancement:
“...the practice of sentencing someone for conduct of which the jury has acquitted him is unseemly and unworthy of the United States of America. Some United States Attorneys do not follow the practice. I applaud their discretion.”
Another judge on the court, Judge J. Bright, added a lengthy statement of his own to the decision, condemning the “draconian sentences” which “emanate from a scheme gone awry”:
“Sentences ought to balance punishment with societal needs as well as some concern for the offender. Under the sentencing guidelines scheme now in vogue, a judge can exercise little, if any, judgment on these matters. The probation officer computes the sentence; the judge generally only ratifies it.”
Judge Bright points out that David and his three codefendants will probably not live out their forty-year sentences. He writes that he does not believe that David and the others pose a threat to society, yet taxpayers will eventually pay a minimum of $2.8 million to keep them in prison. He scorns the guideline sentences, which are based solely on the weights of drugs and not “the criminality of the offender.” He states emphatically, “It is time for re-evaluation and change.” Judge Bright concludes by saying:
“While I am obligated to affirm the sentences, I need not and will not put my stamp of approval upon them. These sentences defy reason, but as I have already noted—such is our system.”
Personal Background: David has always been employed steadily. When he was arrested, he was working as an aluminum plant laborer, making $12.00 an hour. His only assets were a 1984 Oldsmobile and a 1979 Harley Davidson motorcycle, both worth a total of $3,000. His wife, who has since divorced him, now supports their two children on Welfare and Food Stamps.
Compiled from inmate information, PSR, and appeal decision
7/28/99 dl