United States v. Corey Terrell Barnes

481 F. App'x 276
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 16, 2012
Docket11-2716, 11-3083
StatusUnpublished

This text of 481 F. App'x 276 (United States v. Corey Terrell Barnes) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Corey Terrell Barnes, 481 F. App'x 276 (8th Cir. 2012).

Opinion

PER CURIAM.

Corey Terrell Barnes and Markeeta Wesley pled guilty to conspiracy to pass counterfeit currency, in violation of 18 U.S.C. §§ 371 and 472. Barnes also pled guilty to one substantive count of passing counterfeit currency, in violation of 18 U.S.C. § 472. Both appeal their sentences. We affirm.

*278 I.

Barnes and Wesley participated in a conspiracy to pass counterfeit currency between January 2009 and July 2010. Barnes and another codefendant manufactured the currency. Then Wesley, Barnes, and others would use the counterfeit currency to purchase items, primarily at Target stores, and later return the items to different stores in exchange for legitimate currency. Members of the conspiracy defrauded Target of approximately $95,000 during the course of the conspiracy.

Barnes pled guilty to one count of conspiracy and one count of passing counterfeit currency. Prior to sentencing, Barnes argued that his offense level was sixteen, while the government argued that Barnes should be subject to a four-level enhancement for his role as a leader and organizer of the conspiracy, resulting in an offense level of twenty. The presentence investigation report (PSR) recommended against the enhancement. The district court 1 determined that Barnes’s total offense level was sixteen, that his criminal history category was VI, and that the resulting United States Sentencing Guidelines (Guidelines) advisory range was forty-six to fifty-seven months’ imprisonment.

At sentencing, Barnes argued that his plans for a productive life after prison should militate against a heavy sentence. He said that he was writing a book and had a book deal, planned to obtain a barber’s certificate, and wanted to reach out to youth in his community so that they would not do what he had done.

The district court sentenced Barnes to fifty-seven months’ imprisonment, to be served consecutively with Barnes’s undischarged term of imprisonment for a separate offense. In sentencing Barnes, the court observed, “[t]he most striking thing about Mr. Barnes is his extensive criminal record.” Barnes Sentencing Tr. 18. The court explained that “it may not be possible to deter Mr. Barnes from committing crimes in the future ... the evidence is overwhelming that Mr. Barnes is likely to return to committing crimes soon after he is released from prison. Thus, a long sentence is necessary to protect the public from him.” Id. at 18-19.

Wesley pled guilty to one count of conspiring to pass counterfeit currency. In the plea agreement, Wesley and the government agreed that her base offense level was nine, that there should be an eight-level increase due to the amount of loss, and that Wesley was entitled to an offense-level reduction for acceptance of responsibility. Wesley reserved the right to argue for a “minor” (two-level) or “minimal” (four-level) role reduction. See U.S.S.G. § 3B1.2. Wesley’s PSR recommended that she be treated as a minor participant in the conspiracy. At sentencing, Wesley argued that she should be treated as a minimal participant, entitled to a four-level reduction, because she did not manufacture the currency and because she passed only $7,000 of the counterfeit currency.

The district court ruled that Wesley was not entitled to either mitigating role reduction. It found that although Wesley did not participate in the manufacturing aspect of the conspiracy, she was nonetheless “deeply involved” and played an “indispensable role.” Wesley Sentencing Tr. 15. The court acknowledged that Wesley may not have known “every one of the details of the day-to-day operations of the conspiracy,” but found that she “understood the general scope and structure of the conspir *279 acy.” Id. at 15-16. The district court remarked that passing counterfeit currency was not something that Wesley did once or twice, but repeatedly. Id. at 15. The district court cited United States v. Goebel, 898 F.2d 675, 678 (8th Cir.1990), for the proposition that distribution is equally as important as manufacturing in a counterfeiting scheme. Wesley Sentencing Tr. at 16. Finally, the court noted that the Guidelines already account for the difference between a participant who manufactured currency and one who did not, and Wesley’s offense level was not increased under Guidelines section 2B5. 1(b)(2) (providing for a two-level increase for manufacturing counterfeit currency).

Having determined that Wesley’s offense level was fourteen and her criminal history category was VI, resulting in an applicable Guidelines range of thirty-seven to forty-six months’ imprisonment, the district court sentenced Wesley to thirty-seven months’ imprisonment.

II.

A. Appellant Barnes

Barnes contends that his sentence is substantively unreasonable because it is greater than necessary to achieve the goals of sentencing outlined in 18 U.S.C. § 3558(a). We review the substantive reasonableness of the sentence under an abuse of discretion standard, considering the totality of the circumstances. Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). “On review, sentences within the advisory Guidelines range ... are presumptively reasonable.” United States v. Bordeaux, 674 F.3d 1006, 1010 (8th Cir.2012) (quoting United States v. Solis-Bermudez, 501 F.3d 882, 884 (8th Cir.2007)).

Barnes has not rebutted the presumption of reasonableness attached to his Guidelines sentence. “[I]t will be the unusual case when we reverse a district court sentence — whether within, above, or below the applicable Guidelines range — as substantively unreasonable.” United States v. Feemster, 572 F.3d 455, 464 (8th Cir.2009) (en banc) (quoting United States v. Gardellini, 545 F.3d 1089, 1090 (D.C.Cir.2008)). The sentencing transcript shows that the district court was well aware of Barnes’s post-imprisonment plans, having considered Barnes’s position paper, a letter that he wrote to the court, his counsel’s arguments at sentencing, and Barnes’s allocution. The court also stated that it had considered each of the 18 U.S.C. § 3553(a) factors and explained that the fifty-seven month sentence was to deter Barnes, if possible, from committing future crimes and to protect the public from him.

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Related

Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
United States v. Bowie
618 F.3d 802 (Eighth Circuit, 2010)
United States v. Gardellini
545 F.3d 1089 (D.C. Circuit, 2008)
United States v. Bradley
643 F.3d 1121 (Eighth Circuit, 2011)
United States v. Walter Carl Williams
890 F.2d 102 (Eighth Circuit, 1989)
United States v. Marcus Goebel
898 F.2d 675 (Eighth Circuit, 1990)
United States v. Rodriguez-Ramos
663 F.3d 356 (Eighth Circuit, 2011)
United States v. Bordeaux
674 F.3d 1006 (Eighth Circuit, 2012)
United States v. Buffy Bush
352 F.3d 1177 (Eighth Circuit, 2003)
United States v. Price
542 F.3d 617 (Eighth Circuit, 2008)
United States v. Feemster
572 F.3d 455 (Eighth Circuit, 2009)
United States v. Solis-Bermudez
501 F.3d 882 (Eighth Circuit, 2007)

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Bluebook (online)
481 F. App'x 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-corey-terrell-barnes-ca8-2012.