United States v. Douglas Wright

747 F.3d 399, 2014 WL 1259601, 2014 U.S. App. LEXIS 5736
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 28, 2014
Docket12-4445, 12-4447, 12-4448, 12-4493
StatusPublished
Cited by48 cases

This text of 747 F.3d 399 (United States v. Douglas Wright) 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. Douglas Wright, 747 F.3d 399, 2014 WL 1259601, 2014 U.S. App. LEXIS 5736 (6th Cir. 2014).

Opinions

COLE, J., delivered the opinion of the court with regard to Defendants Wright, Baxter, and Stevens, in which CLAY, J., and BERTELSMAN, D.J., concurred. CLAY, J. (pp. 417-19), delivered the opinion of the court with regard to Defendant Hayne, in which BERTELSMAN, D.J., concurred.

OPINION

COLE, Circuit Judge.

In April 2012, Defendants-Appellants Douglas Wright, Brandon Baxter, Connor Stevens, and Anthony Hayne were arrested after they placed explosives at the base of a bridge along Route 82 in Brecksville, Ohio, and attempted to detonate them. Unbeknownst to the defendants, the explosives were inert, and one of their co-conspirators was in fact an FBI informant. All four defendants pleaded guilty to conspiracy to use a weapon of mass destruction, 18 U.S.C. § 2332a(a)(2)(B) & (D), attempt to use a weapon of mass destruction, § 2332a(a)(2)(B) & (D), and aiding and abetting in malicious use of explosives to destroy a structure used in interstate commerce, § 844(i). The district court applied a 12-level terrorism enhancement to each defendant’s sentence, pursuant to U.S.S.G. § 3A1.4.

All four defendants now challenge the application of the terrorism enhancement, which requires that the offense be “calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct.” 18 U.S.C. § 2332b(g)(5)(A). Additionally, Wright challenges his enhancement for leadership under U.S.S.G. § 3Bl.l(c), Baxter challenges the procedural reasonableness of his sentence, and Stevens challenges both the procedural and the substantive reasonableness of his sentence, including the length of his supervised release. We unanimously affirm the sentences of Wright, Baxter, and Stevens. Judges Glay and Bertelsman also affirm Hayne’s sentence, whereas Judge Cole would vacate Hayne’s sentence and remand for resentencing. Therefore, this opinion is the opinion of the court except as to section II.A.3.

I. OVERVIEW

A. Factual Background

The following is a summary of the key facts pertinent to this appeal. Although the district court engaged in extensive fact-finding through briefing and held a hearing on sentencing matters, some facts remained in dispute when the judgments were entered. The following summary makes note of these disputes only if they may be relevant to resolving the issues on appeal.

In the fall of 2011, Wright, Baxter, Stevens, and Hayne were involved to varying extents with the Occupy Cleveland movement (“Occupy”), a loose-knit political group protesting economic inequality. Some individuals affiliated with Occupy, including the four defendants, briefly [405]*405moved into an abandoned church in Cleveland. In October of 2011, the FBI sent a paid informant — referred to throughout the district court proceedings as the CHS, for “confidential human source” — to an Occupy protest in downtown Cleveland. The CHS was instructed to watch for potentially violent activity. Through this assignment, the CHS met Douglas Wright, and through Wright, the other defendants.

Wright and the CHS had intermittent contact that fall, during which time Wright discussed his interest in escalating his political activities from protesting to more disruptive actions. The CHS offered Wright and Baxter occasional odd jobs and paid them for their work. He then had little contact with Wright and Baxter from November 2011 until February 15, 2012, when Wright and the CHS met to discuss plans to protest during an upcoming NATO/G8 summit in Chicago and considered obtaining riot gear to use there. According to Wright, the CHS gave him $200 to purchase the gear and offered to arrange the sale. Wright, Baxter, and the CHS met again a few days later and discussed the possibility of using stink bombs, explosives, or paint guns in various locations, including the casino in downtown Cleveland. At this point, the FBI decided to begin recording conversations between the CHS and the defendants.

The next significant conversation between the CHS, Wright, and Baxter occurred on March 28, when they met to arrange the sale of riot gear from the CHS’s contact. The conversation on this date was lengthy. In relevant portions, the three discussed participating in a “black block” protest group in Chicago for the purposes of assaulting police officers and protecting other non-violent protestors from police aggression. As they drove, the men discussed the possibility of “taking out a bridge,” and Wright observed of a particular structure, “this would be a good one.... ” Baxter noted that if they were to attack a bridge, the government would respond by placing “security on almost every bridge in the entire [expletive] country.” He also raised concerns that attacking a bridge might result in casualties. On that day, the CHS created a recording of Wright and Baxter agreeing to purchase retractable batons and gas masks through the CHS’s contact — actually an undercover FBI agent.

Wright, Baxter, the CHS, and, on some occasions, Stevens, met several times in late March and early April. During this period, the group decided to obtain explosives for use in an undetermined scheme, though precisely how this decision was reached remains in dispute. The defendants recount that the CHS relentlessly prodded the group to purchase explosives, until they eventually acquiesced. Nevertheless, Wright’s presentence investigation report (“PSR”) indicates that, in March, “the idea of obtaining C-4 explosives was brought up,” and Wright agreed to participate in a sale of the explosives on April 1, 2012, although he had previously refused to commit to the purchase. Wright did not contest this characterization of the facts in his memorandum objecting to portions of his PSR.

On April 7, the CHS, Wright, Baxter, and Stevens met and discussed, in a noncommittal manner, several potential targets for attack, including a bridge in the Flats area of Cleveland and the Federal Reserve, Fusion Center, and Justice Center buildings downtown. Wright suggested submerging explosives in the Cuyahoga River and then detonating them as cargo ships passed by. He asked the group if it could reach a “consensus” on his plan.

Eventually, the decision was made to use the explosives at the base of the Route 82 bridge in Brecksville, part of the Ohio [406]*406state highway system. Again, the parties dispute who first suggested the bridge as a target, who made the final proposal to attaek the bridge, and when the suggestions and ultimate decision-making occurred. The record, which includes transcripts of several conversations between the CHS and various defendants, does not answer these questions definitively. At a motion hearing, an FBI agent testifying for the government read from transcripts indicating that, on April 19, Wright suggested placing the C-4 under the bridge after the CHS insisted that Wright’s plan to attack a cargo vessel would not work.

The group obtained the explosives on April 29, when the CHS picked up Wright, Stevens, Baxter, and a new companion, Anthony Hayne, and drove them to a motel to meet an undercover FBI agent posing as an arms dealer. (Hayne had been in contact with Wright, Baxter, and Stevens in October of 2011 and claims that Wright suggested that they engage in violent acts at that time.

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Cite This Page — Counsel Stack

Bluebook (online)
747 F.3d 399, 2014 WL 1259601, 2014 U.S. App. LEXIS 5736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-douglas-wright-ca6-2014.