United States v. Alan Woods

24 F.3d 514, 1994 WL 187837
CourtCourt of Appeals for the Third Circuit
DecidedJuly 14, 1994
Docket93-1432
StatusPublished
Cited by18 cases

This text of 24 F.3d 514 (United States v. Alan Woods) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Alan Woods, 24 F.3d 514, 1994 WL 187837 (3d Cir. 1994).

Opinions

OPINION OF THE COURT

BECKER, Circuit Judge.

This is a Guidelines Sentencing appeal. Appellant Alan Woods was sentenced under the United States Sentencing Guidelines for his involvement in two armored truck robberies. At sentencing, the district court gave Woods a two level increase in his sentence for obstruction of justice because Woods had given the government misleading information in an effort to avoid implicating two friends in a third armored truck robbery. Woods argues that because the misleading information did not impede or obstruct the investigation or prosecution of the offenses for which he was convicted, neither an upward adjustment for “obstruction of justice” under § 3C1.1 nor a departure under § 5K2.0 was permissible under the Guidelines. Because of the manner in which the Guidelines are written in this, area, we feel constrained to agree with Woods, and hence, albeit reluctantly, we vacate the judgment of sentence and remand for resentencing.

I. BACKGROUND

From August 1990 until July 1991, Woods took part in a series of robberies of armored trucks in and around Philadelphia. In September 1991, a grand jury indicted Woods for the robbery of a Brooks armored truck outside the Temple University Hospital in Philadelphia (the “Temple robbery”).1 On February 7, 1992, one day after the trial began, Woods entered a guilty plea in which he admitted participating not only in the Temple robbery but also in another armored truck [516]*516robbery at Amtrak 30th Street Station (the “Amtrak robbery”), also in Philadelphia.

The plea agreement provided that Woods would provide the government information about any other person who was involved in the Temple robbery, the Amtrak robbery, and “any other robberies or crimes [of] which he has knowledge.” The agreement also provided that “if the government determines that the defendant has not provided full and truthful cooperation ... the agreement may be voided by the government and the defendant shall be subject to prosecution for any federal crime which the government has knowledge including ... perjury, obstruction of justice, and the substantive offenses arising from this investigation.”

Woods then began supplying the FBI with information about the Temple and Amtrak robberies. He also told the FBI about two other armored truck robberies, one at a branch of the Liberty Bank and another at a Pathmark Supermarket. He later gave this same information during his testimony before a grand jury.

Woods’ descriptions of the Temple, Amtrak, and Pathmark robberies were substantially the same as those given by other cooperating witnesses. Woods’ description of the Liberty Bank robbery, however, was significantly different. To begin with, Woods denied his involvement in the Liberty Bank robbery, claiming that he had been at home when it occurred. In fact, Woods had been in a vehicle circling the vicinity of the robbery and was at the “switch site” acting as a lookout. More importantly for purposes of this appeal, however, Woods consistently denied that two friends of his, William Edney and Earl Glenn, were involved in the crime. The FBI later found out, however, that both Edney and Glenn had participated in the robbery, eventually gathering enough evidence to prosecute them. But Woods’ conduct delayed prosecution of Edney and Glenn for eight months.

At Woods’ sentencing hearing the district court heard testimony about Woods’ conduct during the investigation of the Liberty Bank robbery. The district court found that Woods had made materially false statements to the FBI and grand jury, whereupon it concluded that “the defendant ‘obstructed justice’ by providing materially false statements to the FBI and by committing perjury before the grand jury.” The court then increased the defendant’s offense level two levels “pursuant to either § 5K2.0 or § 3C1.1.” This appeal followed, in which Woods argues that the two level increase was inappropriate either as an upward adjustment pursuant to § 3C1.1 or as an upward departure pursuant to § 5K2.0.

II. DISCUSSION

A. Section SCl.l, “Obstruction of Justice”

Section 3C1.1 of the Guidelines provides:

If the defendant willfully obstructed or impeded, or attempted to obstruct or impede the administration of justice during the investigation, prosecution, or sentencing of the instant offense, increase the offense level by 2 levels.

U.S.S.G. § 3C1.1 (1993) (emphasis added). Although this language could be read to allow an upward adjustment whenever the defendant obstructs the investigation or prosecution of any offense during the investigation, prosecution, or sentencing of the offense for which the defendant was convicted, we have squarely held that this adjustment applies only when the defendant has made efforts to obstruct the investigation, prosecution, or sentencing of the offense of conviction. United States v. Belletiere, 971 F.2d 961, 967 (3d Cir.1992) (“Section 3C1.1 apples to willful obstruction or attempt to obstruct ‘the administration of justice during the ... sentencing of the instant offense.’ ‘Any interpretation other than that § 3C1.1 refers to efforts to obstruct the prosecution of the conviction offense would only render this modifier meaningless.’ ” (citation omitted) (emphasis in original)); accord United States v. Levy, 992 F.2d 1081, 1084 (10th Cir.1993) (obstruction must be of the offense of conviction).

Woods pled guilty to the Temple and Amtrak robberies. He did not, however, plead guilty to the Liberty Bank robbery. Indeed, he was never even indicted for that crime. Thus Woods made no efforts to obstruct the investigation, prosecution, or sentencing of the offense of conviction, and any [517]*517enhancement pursuant to § 3C1.1 was inappropriate.2 We therefore turn to the question whether an upward departure was appropriate.

B. Section 5K2.0 Upward Departure

Section 5K2.0 provides that the sentencing court may depart from the guidelines if it finds:

that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission' in formulating the guidelines that should result in a sentence different from that described.

U.S.S.G. § 5K2.0 (quoting 18 U.S.C. § 3553(b)) (internal quotations omitted). Woods’ obstruction of justice, relating as it did to serious crimes, was itself quite serious, and it would seem that he deserved the two-level upward adjustment notwithstanding that it did not fall within the ambit of § 3C1.1. The putative (and quite plausible) ground for an upward departure would be his false statements to the government, resulting in obstruction of justice in connection with an investigation other than for the offense of conviction but related to it.

The problem with this approach, however, is that the Commission ostensibly considered such situations when fashioning § 3C1.1 of the Guidelines.

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Bluebook (online)
24 F.3d 514, 1994 WL 187837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-alan-woods-ca3-1994.