United States v. Clarence Edgar Alexander, III

339 F. App'x 941
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 31, 2009
Docket08-16737
StatusUnpublished
Cited by1 cases

This text of 339 F. App'x 941 (United States v. Clarence Edgar Alexander, III) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Clarence Edgar Alexander, III, 339 F. App'x 941 (11th Cir. 2009).

Opinion

PER CURIAM:

Clarence Edgar Alexander, III, appeals from his 262-month sentence for crimes stemming from his manufacture and distribution of methamphetamine. On appeal, Alexander argues that: (1) the district court plainly erred in classifying him as a career offender; and (2) his sentence was procedurally and substantively unreasonable. After thorough review, we affirm.

We typically review the district court’s application of the sentencing guidelines to the facts de novo. United States v. McGuinness, 451 F.3d 1302, 1304 (11th Cir.2006). However, if a sentencing issue is raised for the first time on appeal, we review that issue only for plain error. United States v. Aguillard, 217 F.3d 1319, 1320 (11th Cir.2000). Under plain error review, there must be (1) an error, (2) that is plain, and (3) that affects substantial rights. Id. When these three factors are met, we may then exercise our discretion and correct the error if it seriously affects the fairness, integrity, or public reputation of the judicial proceedings. United States v. Olano, 507 U.S. 725, 732, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). An error constitutes invited error and cannot serve as grounds for reversal if the appealing party “induces or invites the district court into making [the] error.” United States v. Stone, 139 F.3d 822, 838 (11th Cir.1998) (emphasis in the original). We review the ultimate sentence a district court imposes for “reasonableness,” which “merely asks whether the trial court abused its discretion.” United States v. Pugh, 515 F.3d 1179, 1189 (11th Cir.2008) (quoting Rita v. United States, 551 U.S. 338, 127 S.Ct. 2456, 2465, 168 L.Ed.2d 203 (2007)).

The relevant procedural history is as follows. At the sentencing hearing, Alexander asked the district court to review whether the career offender sentencing enhancement “overstates his entry level of 37 as a career offender and [to] downward depart.” The following exchange then took place:

THE COURT: Is that an option for me?
[ALEXANDER’S COUNSEL]: I believe it is. That you have the discretion under Booker to find that the criminal history overstates — I mean, that the classification—
THE COURT: I don’t think there’s any question that I can do that when it is a question of guideline provisions. My question is can I do that when it becomes a minimum mandatory based on I don’t know ... Let me — Mr. Cooley what’s your position on that?
PROBATION OFFICER: Your Honor, you can vary downward as long as you don’t go below the minimum mandatory sentence.
THE COURT: The statutory minimum mandatory.
PROBATION OFFICER: Right, which is ten years.

Later in the hearing, the district court analyzed Alexander’s predicate offenses, and found that those offenses made Alexander a career criminal. Alexander’s counsel responded that “No, I would agree with the court. Technically he is [a career criminal].” The court then said:

Then I think that if he is [a career criminal], then I think I would have to find some compelling reasons to go under, and you have not told me about all of his good deeds with Mother Theresa and the — you know, whatever else he *944 has done to compensate for his less than stellar background where, you know, perhaps if the state jail had more room and he had gotten five years or ten years on something that he had done before, he might have gotten the point. But I don’t think that he’s gotten the point at this time. He keeps getting [lenient sentences] ... as an adult. Now, none of them are heinous, they sure don’t strike me as canonization material, and they sure don’t strike me as a reason to take him outside the category that he technically fits in.

The court added that:

I haven’t heard any reason why I should take the big step of saying, you know, Booker permits me to go under and I’m going to do that because ... fill in the blank. Give me the because. Because I haven’t heard it yet.

The court then sentenced Alexander to 262 months’ imprisonment, which was the low end of his guideline range. The court explained its sentence by stating that it had considered “the statutory factors,” and “[b]ecause a sentence at the low end of the advisory range is sufficiently punitive to deter the defendant from further criminal conduct, a sentence will be imposed within and at the bottom of the advisory guideline range.”

First, we reject Alexander’s claim — raised for the first time on appeal — that the district court plainly erred by imposing the career offender enhancement. During the district court proceedings, Alexander twice conceded that he was a career offender, arguing that even though he was a career offender, the district court should use its discretion to impose a reduced sentence. Because Alexander told the district court that he was a career offender, the invited error doctrine bars him from taking a contrary position' on appeal. See Stone, 139 F.3d at 838. Moreover, Alexander’s argument that he did not make a career offender concession until after the district court had already ruled on that issue is meritless because Alexander also conceded his career offender status in his objections to the presen-tence investigation report — which were filed prior to the district court’s ruling on the career offender issue. Accordingly, we can find no error in the district court’s imposition of the career offender enhancement.

We are similarly unpersuaded by Alexander’s arguments that his sentence was unreasonable. In reviewing sentences for reasonableness, we perform two steps. Pugh, 515 F.3d at 1190. First, we must “ ‘ensure that the district court committed no significant procedural error, such as failing to calculate (or improperly calculating) the Guidelines range, treating the Guidelines as mandatory, failing to consider the § 3553(a) factors, selecting a sentence based on clearly erroneous facts, or failing to adequately explain the chosen sentence — including an explanation for any deviation from the Guidelines range.’ ” Id. (quoting Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007)). 1 If we conclude that the district court did not procedurally err, we must *945 consider the “ ‘substantive reasonableness of the sentence imposed under an abuse-of-discretion standard,’ ” based on the “ ‘totality of the circumstances.’ ” Id. (quoting Gall, 128 S.Ct. at 597).

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Related

Alexander v. United States
176 L. Ed. 2d 150 (Supreme Court, 2010)

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Bluebook (online)
339 F. App'x 941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-clarence-edgar-alexander-iii-ca11-2009.