United States v. Baines

651 F. App'x 411
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 7, 2016
DocketNo. 15-3405
StatusPublished
Cited by3 cases

This text of 651 F. App'x 411 (United States v. Baines) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Baines, 651 F. App'x 411 (6th Cir. 2016).

Opinion

COOK, Circuit Judge.

Donald Baines pleaded guilty to being a felon in possession of a firearm and possessing cocaine with intent to distribute, in violation of 18 U.S.C. § 922(g)(1) and 21 U.S.C. § 841(a). The district court varied upward from the sentencing guidelines and sentenced Baines to 84 months in prison. On appeal, Baines challenges the substantive reasonableness of his sentence. We AFFIRM.

I.

In 2005, Baines was arrested and charged with aggravated robbery after he fired a gun at an occupied vehicle following an attempted carjacking. He served six years in prison for his crime. While Baines was still on probation in 2014, federal agents began investigating him as a potential drug dealer and member of the Heartless Felons gang. Over the course of several meetings, Baines sold undercover agents cocaine and a handgun outfitted with a high-capacity magazine. Police arrested Baines, and he pleaded guilty to being a felon in possession of a firearm and possessing cocaine with intent to distribute.

The sentencing guidelines recommended a 37 to 46 month prison sentence. The district court varied upward and sentenced Baines to 84 months. In justifying the variance, the court considered: that prison officials disciplined Baines 29 times during his earlier incarceration for aggravated robbery; testimony that labeled him a member of the Heartless Felons gang; and the circumstances surrounding his arrest — including selling a high-capacity handgun and professing willingness to participate in an armed robbery. In light of this history suggesting the dangerousness of Baines’s character, the district court concluded that the “guidelines are insufficient to meet the purposes of the sentenc[413]*413ing statutes” and accordingly ordered an upward variance. This appeal followed.

II.

We review sentences for reasonableness, “merely ask[ing] whether the district court abused its discretion.” Rita v. United States, 551 U.S. 338, 351, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007). A sentence is substantively unreasonable where “the district court selects a sentence arbitrarily, bases the sentence on impermissible factors, fails to consider relevant sentencing factors, or gives an unreasonable amount of weight to any pertinent factor.” United States v. Conatser, 514 F.3d 508, 520 (6th Cir. 2008) (citing United States v. Webb, 403 F.3d 373, 385 (6th Cir. 2005)). Although we must consider “the extent of any variance from the Guidelines range,” Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), we “give ‘due deference’ to the district court’s conclusions that the sentence imposed is warranted by the [18 U.S.C.] § 3553(a) factors,” United States v. Bolds, 511 F.3d 568, 581 (6th Cir. 2007) (quoting Gall, 552 U.S. at 51, 128 S.Ct. 586). “The fact that the appellate court might reasonably have concluded that a different sentence was appropriate is insufficient to justify reversal of the district court.” Gall, 552 U.S. at 51, 128 S.Ct. 586. We will not disturb factual findings made during sentencing unless clearly erroneous. United States v. Battaglia, 624 F.3d 348, 351 (6th Cir. 2010) (citing Bolds, 511 F.3d at 579).

Baines argues that his sentence is substantively unreasonable because the district court drew faulty conclusions from the evidence and accorded too much weight to his sale of a handgun to federal agents, his behavior in prison, and his gang affiliation. According to Baines, this led the court to impose a sentence that “was greater than necessary to achieve the sentencing goals set forth in 18 U.S.C. § 3553(a).” We disagree.

The district court’s careful application of the § 3553(a) factors, coupled with the substantial deference we afford the sentencing judge, all but decide this case. At the sentencing hearing, the court recounted Baines’s criminal history, including how Baines fired a gun at a vehicle containing four people during an attempted carjacking. The similarities between Baines’s violent past and the circumstances surrounding his current arrest justifiably concerned the court; his willingness to sell a lethal weapon and, apparent readiness to commit another armed robbery suggested a continuing propensity for violence. The court also found “overwhelming” the evidence that Baines was a member of a “very violent gang,” and was alarmed by his conduct in prison, which included attacking a rival gang member. Finally, the court considered that Baines’s prior 72-month aggravated robbery sentence did not deter “him from engaging in further conduct and harm to the community.” An upward variance, the court concluded, was necessary both to deter criminal conduct and to protect the community from a “great risk ... of very violent behavior.”

In short, the district court tied Baines’s record to the relevant § 3553(a) factors, including his history and characteristics and the need for a sentence that will not only adequately deter and punish Baines but also protect the public. See 18 U.S.C. § 3553(a)(l)-(2). Where the “district court explicitly or implicitly considers and weighs all pertinent factors,” the defendant “bears a much greater burden” in showing that the court placed an unreasonable amount of weight on “any particular one.” United States v. Zobel, 696 F.3d 558, 571 (6th Cir. 2012) (quoting United States v. Thomas, 437 Fed.Appx. 456, 458 (6th [414]*414Cir. 2011)). Baines has not met this burden.

He first objects to the weight the district court placed on his sale to federal agents of a handgun outfitted with an extended magazine, pointing out that his base offense level accounted for this weapon and that nothing suggested that he regularly sold firearms. But a district court commits no error by focusing on an aspect of an offense under the advisory guidelines and also in applying the § 3553(a) factors. See, e.g., United States v. Lanning, 633 F.3d 469, 478 (6th Cir. 2011) (“[T]he very same factors that influence a district court to impose an upward departure in a defendant’s criminal history category might be evaluated differently in imposing an upward variance under 18 U.S.C. § 3553(a).” (citing United States v. Solis-Bermudez, 501 F.3d 882, 886-87 (8th Cir. 2007))).

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651 F. App'x 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-baines-ca6-2016.