United States v. Eric William Kingsley

241 F.3d 828, 2001 U.S. App. LEXIS 3405, 2001 WL 225008
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 7, 2001
Docket98-6274
StatusPublished
Cited by106 cases

This text of 241 F.3d 828 (United States v. Eric William Kingsley) 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. Eric William Kingsley, 241 F.3d 828, 2001 U.S. App. LEXIS 3405, 2001 WL 225008 (6th Cir. 2001).

Opinions

OPINION

KRUPANSKY, Circuit Judge.

The defendant-appellant, Eric William Kingsley (“Kingsley”), has mounted attacks on review, which he failed to preserve below, against the district court’s imposition of two special conditions of his three-year supervised release period scheduled to commence accruing upon the expiration of his seventy-eight month imprisonment term for possession of firearms after incurring a felony conviction.1 18 U.S.C. § 922(g)(1). By reason of the defendant’s crime of conviction, coupled with his weighty twenty-year record of criminal arrests, charges, and convictions evidencing, among other things, habitual alcoholic and/or narcotic intoxication, recidivist illegal possession of controlled substances, a pattern of reckless vehicular crimes, and serious multiple firearms transgressions,2 plus demonstrated psychological abnormalities, the sentencing court ordered, among other things, that, during his supervised release, Kingsley (1) shall, in the sole discretion of his probation officer, submit to random warrantless searches of his person and/or effects; and (2) shall not at any time operate a motor vehicle. Although the defendant neglected to oppose those mandates before the sentencing forum, he has alleged for the first time before this appellate reviewing panel that the trial judge failed to articulate adequate factual findings supportive of the two subject special conditions of supervised release; and that those edicts unreasonably intruded upon his exercise of personal liberty to a degree unjustified by any legitimate penal objective, in light of his crime of conviction and other relevant factors.

[831]*831On December 17, 1996, the defendant, a 36-year-old unemployed “gun collector” with a high school equivalency degree and an extended history of chronic substance abuse, severe psychological disorders, and life-threatening felonious conduct, who was contemporaneously on state probation for a drugs-and-weapons conviction and was simultaneously under state indictment for controlled substance and vehicular transgressions, forcibly, entered the Oak Ridge, Tennessee, mobile home of Jerry Galloway, while armed with a shotgun and a pistol. Kingsley found Galloway sitting on a sofa. The defendant pointed his shotgun at Galloway, and accused him of having stolen one of Kingsley’s many unlawfully-possessed firearms. When Galloway attempted to telephone emergency assistance, Kingsley discharged his shotgun into the davenport, near the victim’s head. Kingsley then warned Galloway that he would aim the next shell fired at Galloway’s heart. The defendant ordered Galloway to remove his television set to Kingsley’s van, evidently to serve as compensation for the allegedly converted firearm. During that procedure, Kingsley fired his shotgun on at least two additional occasions. As Galloway carried his television to Kingsley’s vehicle, he observed Kingsley moving Galloway’s battery charger, which he also apparently intended to seize. Galloway perceived Kingsley retrieving a pistol from underneath his left shoulder. Immediately thereafter, Kings-ley accidently discharged a round from that weapon into his own foot:

Momentarily, Kingsley observed approaching police vehicles, which prompted him to flee the trailer park in his truck. Investigating Officer Bjelland of the Oak Ridge Police Department detected gunshot holes in the trailer’s front door, its floor, the sofa, and the window behind the sofa; as well as expended shotgun casings. On the ground approximately 25 to 30 yards outside the mobile home, the patrolman discovered a shotgun, the victim’s television, and fresh blood. Subsequently, fellow peace officers apprehended Kingsley on the highway. Their search of his vehicle produced ten additional firearms, including both foreign and American-made pieces.3

On May 29, 1997, during the pendency of state charges against Kingsley related to the December 17, 1996 incident (to wit, aggravated assault, aggravated kidnaping, aggravated robbery, aggravated burglary, and “going armed”), the defendant’s neighbor complained to the Oak Ridge Police Department that a stray bullet had penetrated his residence’s window. The caller had proximately observed Kingsley running from his parents’ nearby home while carrying a firearm. Kingsley absconded to his own house while still armed with that weapon. The neighbor then heard several additional gunshots. In response to that citizen’s report, the police department dispatched investigators to the scene. Kings-ley’s mother informed them that her son had discharged a bullet into her residence’s wall. Immediately thereafter, the authorities arrested Kingsley. A subsequent warrant search of his domicile led to the confiscation of a cache of eleven firearms, including some of foreign manufacture.4

On October 7, 1997, while Kingsley was detained in state custody on charges anchored in the above-described December 17, 1996 and May 29, 1997 criminal epi[832]*832sodes, a federal grand jury indicted him on two counts under 18 U.S.C. § 922(g)(1). (See note 1 above). Count one charged the defendant with unlawful possession of the ten firearms seized from his van on December 17, 1996. Count two charged him with illegal possession of the eleven armaments removed from his residence on May 29, 1997.5 On December 15, 1997, Kingsley and the United States executed a Fed.R.Crim.P. 11 plea agreement, whereby the defendant promised to plead guilty to count one of the indictment, whereas the government, in exchange, would dismiss count two. That settlement contract further stipulated, inter alia, that “[t]he Court may impose any lawful term of supervised release;” and that “[t]he District Court will determine the [defendant’s] appropriate sentence under the Sentencing Guidelines, and this determination will be based upon the entire scope of the defendant’s criminal conduct, criminal history, and pursuant to other factors and guidelines set forth in the Sentencing Guidelines.” [Sic]. (Emphasis added).

On May 19, 1998, the probation department completed Kingsley’s Pre-Sentence Report (“PSR”), which chronicled the defendant’s persistent pattern of vehicular offenses, substance abuse crimes, and other safety-menacing or otherwise irresponsible anti-social peace infractions. Between April 13, 1977 (when he incurred, at age 16, his first criminal conviction, for marijuana possession), and the December 17, 1996 crime of conviction, Kingsley sustained at least fourteen convictions for vehicular offenses, including five counts of driving while intoxicated or “driving under the influence,” three counts of reckless driving, one count of reckless endangerment, four counts of driving, with a revoked license, and one count of leaving the scene of a traffic mishap; and at least seven convictions for non-vehicular controlled substance offenses, including one charge of marijuana possession, one count of stealing controlled narcotics from a drug store, one count of possession of those stolen pharmaceuticals, one charge of possessing synthetic narcotics, one charge of possessing Diazepam, one charge of vandalizing another’s apartment while intoxicated, and one count of possession of Valium, Dilaudid, Methadone, and marijuana.

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Cite This Page — Counsel Stack

Bluebook (online)
241 F.3d 828, 2001 U.S. App. LEXIS 3405, 2001 WL 225008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eric-william-kingsley-ca6-2001.