UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ UNITED STATES OF AMERICA, │ Plaintiff-Appellee, │ > No. 22-3072 │ v. │ │ RICKY SIMMONDS, │ Defendant-Appellant. │ ┘

Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 1:20-cr-00707-1—James S. Gwin, District Judge.

Decided and Filed: March 16, 2023

Before: McKEAGUE, THAPAR, and LARSEN, Circuit Judges.

_________________

COUNSEL ON BRIEF: Henry Joseph Hilow, HILOW & SPELLACY, Cleveland, Ohio, for Appellant. Vanessa V. Healy, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee. _________________

OPINION _________________

THAPAR, Circuit Judge. Ricky Simmonds claims that during his sentencing hearing, the district court improperly relied on the Presentence Report’s recommendation rather than the parties’ non-binding plea agreement. Because the district court didn’t plainly err, we affirm. No. 22-3072 United States v. Simmonds Page 2

I.

The underlying facts of this case are undisputed. From 2017 to 2020, Ricky Simmonds ran a drug-trafficking conspiracy that distributed fentanyl, methamphetamine, and cocaine throughout Northeast Ohio.

Simmonds organized the transportation of large quantities of drugs from other states into Cleveland. Using five different phone numbers, Simmonds arranged for co-conspirators to deliver and pick up the fentanyl, methamphetamine, and cocaine from “drop” locations and stash the drugs in storage facilities.

Law enforcement intercepted sixteen parcels associated with the conspiracy. In total, the parcels contained approximately 3,000 grams of fentanyl and 2,000 grams of methamphetamine. IP addresses associated with Simmonds tracked the delivery of thirteen of those sixteen parcels.

Law enforcement also collected information through wiretaps. In several wiretapped conversations, Simmonds discussed the quality, quantity, and price of the fentanyl pills he was distributing. He also instructed his co-conspirators on the movement of drugs and money.

Finally, investigators executed several seizures during the investigation of Simmonds. During two separate traffic stops, officers seized large quantities of fentanyl from co-conspirators acting under Simmonds’s instructions (2,098 grams and 450 grams, respectively). Investigators also searched an apartment and four storage units associated with Simmonds. At these locations, investigators seized cash, cell phones, fentanyl, methamphetamine, cocaine, xylazine, and suspected marijuana, plus shipping and packaging supplies. At one unit, investigators also seized a firearm, ammunition, and Simmonds’s personal belongings, including his passport and birth certificate.

Following these discoveries, the government charged all sixteen members of the “Simmonds Drug Trafficking Organization” with conspiring to distribute fentanyl, methamphetamine, and cocaine. R. 24, Pg. ID 138. Following nearly a year of negotiations, Simmonds and the gove