Rita v. United States

551 U.S. 338, 127 S. Ct. 2456, 168 L. Ed. 2d 203, 2007 U.S. LEXIS 8269
CourtSupreme Court of the United States
DecidedJune 21, 2007
Docket06-5754
StatusPublished
Cited by7,672 cases

This text of 551 U.S. 338 (Rita v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rita v. United States, 551 U.S. 338, 127 S. Ct. 2456, 168 L. Ed. 2d 203, 2007 U.S. LEXIS 8269 (2007).

Opinions

[341]*341Justice Breyer

delivered the opinion of the Court.

The federal courts of appeals review federal sentences and set aside those they find “unreasonable.” See, e. g., United States v. Booker, 543 U. S. 220, 261-263 (2005). Several Circuits have held that, when doing so, they will presume that a sentence imposed within a properly calculated United States Sentencing Guidelines range is a reasonable sentence. See, e. g., 177 Fed. Appx. 357, 358 (CA4 2006) (per curiam) (case below); see also United States Sentencing Commission, Guidelines Manual (Nov. 2006) (USSG or Guidelines). The most important question before us is whether the law permits the courts of appeals to use this presumption. We hold that it does.

I

A

The basic crime in this case concerns two false statements which Victor Rita, the petitioner, made under oath to a federal grand jury. The jury was investigating a gun company called InterOrdnance. Prosecutors believed that buyers of an InterOrdnance kit, called a “PPSH 41 machinegun ‘parts kit,’” could assemble a machinegun from the kit, that those kits consequently amounted to machineguns, and that Inter-Ordnance had not secured proper registrations for the importation of the guns. App. 7, 16-19, 21-22.

Rita had bought a PPSH 41 machinegun parts kit. Rita, when contacted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), agreed to let a federal agent inspect the kit. Id., at 119-120; Supp. App. 5-8. But before meeting with the agent, Rita called InterOrdnance and then sent [342]*342back the kit. He subsequently turned over to ATF a different kit that apparently did not amount to a maehinegun. App. 23-24,120; Supp. App. 2-5,8-10,13-14.

The investigating prosecutor brought Rita before the grand jury, placed him under oath, and asked him about these matters. Rita denied that the Government agent had asked him for the PPSH kit, and also denied that he had spoken soon thereafter about the PPSH kit to someone at InterOrdnance. App. 19, 120-121; Supp. App. 11-12. The Government claimed these statements were false, charged Rita with perjury, making false statements, and obstructing justice, and, after a jury trial, obtained convictions on all counts. App. 7-13, 94, 103.

B

The parties subsequently proceeded to sentencing. Initially, a probation officer, with the help of the parties, and after investigating the background both of the offenses and of the offender, prepared a presentence report. See Fed. Rules Crim. Proc. 32(c)-(d); 18 U. S. C. § 3552(a). The completed report describes “offense characteristics,” “offender characteristics,” and other matters that might be relevant to the sentence, and then calculates a Guidelines sentence. The report also sets forth factors potentially relevant to a departure from the Guidelines or relevant to the imposition of an other-than-Guidelines sentence. It ultimately makes a sentencing recommendation based on the Guidelines. App. 115-136.

In respect to “offense characteristics,” for example, the report points out that the five counts of conviction all stem from a single incident. Id., at 122. Hence, pursuant to the Guidelines, the report, in calculating a recommended sentence, groups the five counts of conviction together, treating them as if they amounted to the single most serious count among them (and ignoring all others). See USSG § 3B1.1. The single most serious offense in Rita's case is “perjury.” [343]*343The relevant Guideline, §2J1.3(c)(l), instructs the sentencing court (and the probation officer) to calculate the Guidelines sentence for “perjury ... in respect to a criminal offense” by applying the Guideline for an “accessory after the fact,” as to that criminal offense, §2X3.1. And that latter Guideline says that the judge, for calculation purposes, should take as a base offense level, a level that is “6 levels lower than the offense level for the underlying offense” (emphasis added) (the offense that the perjury may have helped someone commit). Here the “underlying offense” consisted of InterOrdnance’s possible violation of the machinegun registration law. App. 124; USSG §2M5.2 (providing sentence for violation of 22 U. S. C. § 2778(b)(2), importation of defense articles without authorization). The base offense level for the gun registration crime is 26. See USSG §2M5.2. Six levels less is 20. And 20, says the presentence report, is the base offense level applicable to Rita for purposes of Guidelines sentence calculation. App. 45.

The presentence report next considers Rita’s “Criminal History.” Id., at 125. Rita was convicted in May 1986, and sentenced to five years’ probation for making false statements in connection with the purchase of firearms. Because this conviction took place more than 10 years before the present offense, it did not count against Rita. And because Rita had no other relevant convictions, the Guidelines considered him as having no “criminal history points.” Ibid. The report consequently places Rita in criminal history category I, the lowest category for purposes of calculating a Guidelines’ sentence.

The report goes on to describe other “Offender Characteristics.” Id., at 126. The description includes Rita’s personal and family data, Rita’s physical condition (including a detailed description of ailments), Rita’s mental and emotional health, the lack of any history of substance abuse, Rita’s vocational and nonvocational education, and Rita’s employment record. It states that he served in the Armed Forces for [344]*344over 25 years, on active duty and in the Reserve. During that time he received 35 commendations, awards, or medals of different kinds. The report analyzes Rita’s financial condition. Id., at 126-132.

Ultimately, the report calculates the Guidelines sentencing range. Id., at 132. The Guidelines specify for base level 20, criminal history category I, a sentence of 33-to-41 months’ imprisonment. Ibid. The report adds that there “appears to be no circumstance or combination of circumstances that warrant a departure from the prescribed sentencing guidelines.” Id., at 133.

C

At the sentencing hearing, both Rita and the Government presented their sentencing arguments. Each side addressed the report. Rita argued for a sentence outside (and lower than) the recommended Guidelines 33-to-41 month range.

The judge made clear that Rita's argument for a lower sentence could take either of two forms. First, Rita might argue within the Guidelines’ framework, for a departure from the applicable Guidelines range on the ground that his circumstances present an “atypical case” that falls outside the “heartland” to which the United States Sentencing Commission intends each individual Guideline to apply. USSG § 5K2.0(a)(2). Second, Rita might argue that, independent of the Guidelines, application of the sentencing factors set forth in 18 U. S. C. § 3553(a) (2000 ed. and Supp. IV) warrants a lower sentence. See Booker, 543 U. S., at 259-260.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Konrad Wolff
714 F. App'x 617 (Ninth Circuit, 2017)
United States v. Melvin Martinez-Lopez
864 F.3d 1034 (Ninth Circuit, 2017)
United States v. Orlando Larry
Seventh Circuit, 2017
United States v. Walker
844 F.3d 1253 (Tenth Circuit, 2017)
United States v. Joel Thomas, Jr.
843 F.3d 1199 (Ninth Circuit, 2016)
United States v. Tyrone Davis
825 F.3d 1014 (Ninth Circuit, 2016)
United States v. Jason Lee
821 F.3d 1124 (Ninth Circuit, 2016)
United States v. Maier
646 F.3d 1148 (Ninth Circuit, 2011)
United States v. Tchibassa
District of Columbia, 2009
United States v. Oberholtzer
291 F. App'x 85 (Ninth Circuit, 2008)
United States v. Sanchez-Castro
286 F. App'x 1001 (Ninth Circuit, 2008)
United States v. Gibson
286 F. App'x 533 (Ninth Circuit, 2008)
United States v. Francis
286 F. App'x 518 (Ninth Circuit, 2008)
United States v. Schroeder
536 F.3d 746 (Seventh Circuit, 2008)
United States v. Phelps
536 F.3d 862 (Eighth Circuit, 2008)
United States v. Ruiz-Garcia
286 F. App'x 467 (Ninth Circuit, 2008)
United States v. Reyes-Quintero
286 F. App'x 480 (Ninth Circuit, 2008)
United States v. Solis
286 F. App'x 463 (Ninth Circuit, 2008)
United States v. Dominguez
288 F. App'x 363 (Ninth Circuit, 2008)
United States v. Perez-Morales
287 F. App'x 605 (Ninth Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
551 U.S. 338, 127 S. Ct. 2456, 168 L. Ed. 2d 203, 2007 U.S. LEXIS 8269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rita-v-united-states-scotus-2007.