United States v. Fowler

• Court: Court of Appeals for the Tenth Circuit
• Decided: April 22, 2025
• Docket: 24-6087
• Status: Unpublished

Opinion

Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT April 22, 2025 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 24-6087 (D.C. No. 5:22-CR-00366-SLP-1) ZACHARY CHARLES FOWLER, (W.D. Okla.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before MATHESON, PHILLIPS, and McHUGH, Circuit Judges. _________________________________

Defendant-Appellant Zachary Charles Fowler appeals his 624-month sentence

for kidnapping, carjacking, and using and brandishing a firearm during and in

relation to a crime of violence. Mr. Fowler contends the sentence is substantively

unreasonable. For the reasons explained below, we disagree and affirm.

* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1. Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 2

I. BACKGROUND

In the early morning hours of March 29, 2022, Mr. Fowler broke into the home

of his ex-girlfriend, K.C., while she was asleep. Mr. Fowler kicked in her bedroom

door and physically assaulted K.C., strangling her until she passed out. Once K.C.

regained consciousness, Mr. Fowler brandished a gun and sexually assaulted her at

gunpoint. Mr. Fowler then forced K.C., still at gunpoint, to drive him from her home

in Perry, Oklahoma to Corpus Christi, Texas. After arriving in Corpus Christi, K.C.

managed to escape and inform two witnesses of her kidnapping. Mr. Fowler was

arrested that day.

Following his arrest, Mr. Fowler was questioned by law enforcement in

Corpus Christi. During this interview, officers questioned Mr. Fowler before

informing him of his rights under Miranda v. Arizona, 384 U.S. 436 (1966), despite

him requesting an attorney multiple times. After finally being informed of his

Miranda rights approximately thirty minutes into the interview, Mr. Fowler stated he

wished to press charges against K.C. for pointing a gun at him and again asked for an

attorney. Because of the timing and multijurisdictional nature of the case, the officers

averred they could not give him one. After continuing to question Mr. Fowler for

several minutes over his continued requests for an attorney, the officers claimed that

if he did not give a statement, he would not get an attorney until he went to court.

During a second interview with a Noble County, Oklahoma sheriff’s deputy,

Mr. Fowler was more promptly advised of his Miranda rights. He again requested an

attorney, but the deputy ignored the request and pressed on with the interview.

2 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 3

Mr. Fowler also submitted to a polygraph examination, which was cut short by the

examiner who stated he believed that Mr. Fowler was attempting to manipulate the

results of the exam. The record does not reveal if Mr. Fowler was advised of the

consequences of submitting to a polygraph exam. Finally, during another interview

with the Noble County Sheriff’s Department, Mr. Fowler was not read his Miranda

rights and made several incriminating statements, including that K.C. had changed

the locks of her home because she was afraid of him, he may have hit her during the

struggle, and that the sex may not have been consensual.

II. PROCEDURAL HISTORY

Following the investigation, a grand jury handed down an indictment charging

Mr. Fowler with kidnapping, in violation of 18 U.S.C. § 1201(a)(1); carjacking

resulting in serious bodily injury, in violation of 18 U.S.C. § 2119(2); and using and

brandishing a firearm during and in relation to a crime of violence, in violation of 18

U.S.C. § 924(c)(1)(A). At trial, Mr. Fowler was convicted of all three charges. The

United States Probation Office prepared a pre-sentence investigation report (“PSR”)

which calculated Mr. Fowler’s United States Sentencing Commission Guidelines

(“Guidelines”) range as 360 months to life based on a total offense level of 42 and

criminal history category of I.1

1 After he filed his opening brief in this appeal, Mr. Fowler sought to file a supplemental opening brief to argue that the Guidelines range was calculated incorrectly. See ECF No. 50 (Motion to Supplement) at 2–3. In the motion, Mr. Fowler argues that a two-point sentencing enhancement for using a dangerous weapon (United States Sentencing Commission, Guidelines Manual, § 2A4.1(b)(3)) was erroneously applied because he was also charged under 18 U.S.C. § 924(c) for 3 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 4

In its sentencing memorandum, the Government submitted the recordings of

Mr. Fowler’s interrogations and stated it was seeking a within-Guidelines sentence,

relying in part on Mr. Fowler’s interview in which he “demand[ed] the police charge

K.C. with a crime.” ROA Vol. I at 224. In Mr. Fowler’s sentencing memorandum, he

requested a downward variance from the Guidelines range. Specifically, he requested

a sentence of 188 months, noting the PSR had agreed “a sentence outside of the

advisory guideline range may be appropriate” because he was “24 years old, and this

offense constitute[d] [his] first felony conviction.” Id. at 239. Mr. Fowler also argued

his mental health struggles militated in favor of a downward variance, and that he

would be adequately deterred by a 188-month sentence.

The district court imposed a within-Guidelines sentence of 624 months: 540

months for the kidnapping and carjacking offenses and a consecutive 84 months for

the offense of using and brandishing a firearm. In imposing Mr. Fowler’s sentence,

the district court explained it had considered each factor under 18 U.S.C. § 3553(a),

and specifically noted Mr. Fowler’s lack of previous criminal offenses and many

letters of support. But the court further explained that because of the nature and

circumstances of the offense, which it found to be “horrific and terrifying,” coupled

using and brandishing a firearm during and in relation to a crime of violence. Id. at 3 (citing U.S.S.G. § 2K2.4, comment n.4). Had the two-point enhancement not been applied, Mr. Fowler claims, his Guidelines range would have been calculated at 292– 365 months based on a total offense level of 40. Id. at 5. We denied Mr. Fowler’s motion and therefore this argument is not before the panel on direct appeal. We express no opinion on whether Mr. Fowler may pursue a collateral appeal raising an ineffective assistance of counsel argument based on counsel’s failure to object to the calculation of the Guidelines range. 4 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 5

with Mr. Fowler’s lack of remorse and attempts to shirk responsibility in the

investigatory interviews, a within-Guidelines sentence was necessary to comport with

the § 3553(a) factors. ROA Vol. III at 402. The court found that Mr. Fowler’s

“continued denials” of his conduct, “unconscionable blaming of the victim,” and

general statement of apology indicated that he had “accept[ed] zero responsibility.”

Id. at 404–05. Because of this, the court placed “significant” emphasis on “deterrence

and the need to protect the public from further crimes of [Mr. Fowler]” in assessing

the 624-month sentence. Id. at 404.

Mr. Fowler timely appealed.

III. ANALYSIS

On appeal, Mr. Fowler argues that his sentence is substantively unreasonable

because the district court relied too heavily on statements obtained in violation of

Miranda, failed to consider his age, and failed to consider the need to avoid

unwarranted sentencing disparities. We first discuss the standard of review and then

consider his arguments in turn.

A. Standard of Review

Substantive reasonableness is reviewed under the “familiar abuse-of-discretion

standard of review.” United States. v. Halliday, 665 F.3d 1219, 1222 (10th Cir. 2011)

(quoting Gall v. United States, 552 U.S. 38, 46 (2007)). “Substantive reasonableness

focuses on whether the length of the sentence is reasonable in light of the factors

contained in 18 U.S.C. § 3553(a).” Id. “Under the abuse-of-discretion standard, we

will reverse a sentence if it is arbitrary, capricious, whimsical, or manifestly 5 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 6

unreasonable.” United States. v. Gonzalez-Chavez, 651 F. App’x 725, 732 (10th

Cir. 2016) (internal quotation marks omitted).

B. Substantive Unreasonableness

1. Consideration of the Recorded Statements

Mr. Fowler argues the court gave undue weight to his statements given—he

avers—in violation of his Miranda right to counsel, rendering his sentence

substantively unreasonable. Appellant’s Br. at 26. Mr. Fowler clarifies in his reply

brief that his argument is not that the court could not have considered his statements,

but that it “should” not have, emphasizing we have “found sentences substantively

unreasonable where a court places too much reliance on a single factor under

§ 3553(a).” Reply Br. at 3. Assuming without deciding the statements were obtained

in violation of Miranda, the district court was not barred from considering these

statements at sentencing, and Mr. Fowler’s sentence is not rendered substantively

unreasonable because the district court relied on them.

Officers are required to administer the Miranda warnings before interrogating

a suspect in custody. United States v. Wagner, 951 F.3d 1232, 1250 (10th Cir. 2021).

If interrogation occurs and statements are obtained without the Miranda warnings,

admission of those statements at trial is prohibited. See id. at 1249–51. This

prohibition is commonly called “[t]he Miranda exclusionary rule.” Oregon v. Elstad,

470 U.S. 298, 306 (1985).

But we have previously held that—in the context of the Fourth Amendment

exclusionary rule—evidence obtained in violation of Constitution need not be 6 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 7

excluded at sentencing “in the absence of any suggestion that the alleged offenses

resulted from an attempt on the part of arresting officers to enhance the sentence

imposed.” United States v. Ryan, 236 F.3d 1268, 1271 (10th Cir. 2001). We

explained that the exclusionary rule’s application at sentencing should balance the

rule’s deterrence of unreasonable searches and seizures against “the costs of

impairing effective and suitable punishment of proven offenders and unduly

complicating sentencing procedures.” Id. (quotation marks omitted). We concluded

that applying the exclusionary rule at sentencing would not deter unreasonable

searches and seizures because “law enforcement officers [usually do not] conduct

searches and seiz[ures] . . . for the purpose of increasing the sentence.” Id. (quotation

marks omitted). Accordingly, we held that the Fourth Amendment exclusionary rule

does not apply at sentencing unless a defendant can produce evidence that the

“officers’ actions in violation [his or her] rights were done with the intent to secure

an increased sentence.” Id. at 1272.

As we have previously recognized, our reasoning in Ryan applies equally to

the Miranda exclusionary rule. See United States v. Salazar, 38 F. App’x 490,

495–96 (10th Cir. 2002) (unpublished) (holding that the Miranda exclusionary rule

does not apply at sentencing). Just as law enforcement officers do not typically

conduct searches and seizures to increase sentences, they do not typically conduct

interrogations to increase sentences. Ryan, 236 F.3d at 1271; Salazar, 38 F. App’x at

496. Thus, the Miranda exclusionary rule does not apply at sentencing in the absence

of a showing that law enforcement officers violated Miranda to obtain a longer

7 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 8

sentence. Here, Mr. Fowler identifies no evidence suggesting the officers were

motivated by a desire to increase his sentence. Therefore, because the district court

was not prohibited from considering the recorded statements at sentencing, it did not

abuse its discretion in relying on them.

To the extent Mr. Fowler argues that the sentence is substantively

unreasonable because it relied too heavily on a single § 3553(a) factor in considering

the recorded statements, that argument fails.2 We owe considerable deference to the

weight the district court affords each § 3553(a) factor and to its determination of the

sentence “given all the circumstances of the case in light of the [§ 3553(a)] factors.”

United States v. Gieswein, 887 F.3d 1054, 1064 (10th Cir. 2018) (quotation marks

omitted). Additionally, “a within-Guidelines sentence is entitled to a presumption of

substantive reasonableness on appeal.” United States v. Alapizco-Valenzuela, 546

F.3d 1208, 1215 (10th Cir. 2008); cf. United States v. Cookson, 922 F.3d 1079, 1092

(10th Cir. 2019) (explaining sentences that vary from the Guidelines range require

more significant justifications and that a “major [variance] should be supported by a

more significant justification than a minor one” (alteration in original) (quoting Gall,

552 U.S. at 50)).

As recounted above, the district court here explained that it had considered

each of the § 3553(a) factors, and specifically discussed the history and

2 Indeed, Mr. Fowler does not explain which § 3553(a) factor he believes the district court was exclusively relying on in discussing his statements made during the interviews. 8 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 9

characteristics of Mr. Fowler, the nature and circumstances of the offense, the need

for deterrence, and the need to protect the public. In discussing Mr. Fowler’s

statements to law enforcement, it was not relying exclusively on a single § 3553(a)

factor. Instead, it was connecting those statements to the nature and circumstances of

the offense, the need for deterrence, and the need to protect the public. This case is

easily distinguished from cases in which we have found sentences substantively

unreasonable because a district court varies from the Guidelines and relies “almost

entirely” on a single § 3553(a) factor. United States v. Crosby, 119 F.4th 1239, 1249

(10th Cir. 2024). Instead, the district court considered several of the factors and

ultimately imposed a sentence within the Guidelines range. Considering all the

circumstances of the case, we cannot say the district court abused its discretion in

imposing a within-Guidelines sentence.

2. Failure to Consider Age

Mr. Fowler further argues that the district court’s sentence was substantively

unreasonable because it did not adequately consider his youth. We disagree. The

district court did not abuse its discretion by not explicitly mentioning age in its

sentencing explanation.

As discussed, a sentencing court is required to consider the § 3553(a) factors,

and appellate courts owe deference to the sentencing court’s “determinations of the

weight to be afforded to [each factor].” Gieswein, 887 F.3d at 1064. Title 18 U.S.C.

§ 3553(a)(1) requires sentencing courts to consider the “history and characteristics of

the defendant,” a category which may include a defendant’s age. See United States 9 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 10

Sentencing Commission, Guidelines Manual, § 5H1.1 (Nov. 2024). But while a

district court may account for a defendant’s age in choosing to vary downward, see

id., it is not required to consider it. Moreover, a district court does not abuse its

discretion by considering and rejecting such an argument and instead imposing a

within-Guidelines sentence with reference to the broader § 3553(a) factors. See

United States v. Nunez-Carranza, 83 F.4th 1213, 1222–23 (10th Cir. 2023); see also

United States v. Armstrong, No. 21-8075, 2022 WL 1040277, at *3 (10th Cir. Apr. 7,

2022) (holding a district court did not abuse its discretion in not giving more weight

to age as a mitigating factor).

Here, Mr. Fowler presented his argument for a downward variance to the

district court based on characteristics including his young age at the time of the

offense. ROA Vol. I at 241–42 (Sentencing Memorandum); ROA Vol. III at 393–95

(sentencing colloquy emphasizing Mr. Fowler’s young age). In imposing the

sentence, the district court considered each factor under § 3553(a), explicitly

discussed the history and characteristics of the defendant, and imposed a within-

Guidelines sentence that is presumptively reasonable. Alapizco-Valenzuela, 546 F.3d

at 1215. In imposing that sentence, the district court explained that while it had

considered Mr. Fowler’s lack of criminal history, that fact was ultimately outweighed

by the “grave seriousness of th[e] offense,” which in turn caused the court to “place[]

significant attention on deterrence and the need to protect the public from further

crimes of [Mr. Fowler].” ROA Vol. III at 402, 404. It also implicitly rejected the age-

based arguments by explaining why other § 3553(a) factors outweighed Mr. Fowler’s

10 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 11

history and characteristics. See Nunez-Carranza, 83 F.4th at 1222–23. As such, we

cannot conclude it abused its discretion by not specifically discussing Mr. Fowler’s

age.

3. Failure to Consider the Need to Avoid Sentencing Disparities

Finally, Mr. Fowler argues his sentence is substantively unreasonable because

it is disproportionate to sentences imposed on similarly situated individuals.

Appellant’s Br. at 32. We disagree.

In imposing sentences, district courts are required to consider “the need to

avoid unwarranted sentence disparities among defendants with similar records who

have been found guilty of similar conduct.” 18 U.S.C. § 3553(a)(6). Because “[t]he

purpose of the sentencing guidelines is to eliminate disparities among sentences

nationwide,” United States v. Franklin, 785 F.3d 1365, 1371 (10th Cir. 2015)

(internal quotation marks omitted), when a district court “correctly calculate[s] and

carefully review[s] the Guidelines range, [it] necessarily [gives] significant weight

and consideration to the need to avoid unwarranted disparities,” Gall, 552 U.S. at 59.

“Neither the Supreme Court nor our court has ever suggested that use of the

guidelines can create a nationwide disparity in sentences involving similarly situated

offenders.” Franklin, 785 F.3d at 1371. Rather, “[a] sentence within a Guideline[s]

range ‘necessarily’ complies with § 3553(a)(6).” Id. (quoting United States v.

Bartlett, 567 F.3d 901, 908 (7th Cir. 2009)).

Here, as discussed, the district court imposed a sentence within the Guidelines

range, and Mr. Fowler does not challenge the calculation of his sentence. Instead, 11 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 12

Mr. Fowler argues that his 624-month sentence will create unwarranted disparities

with similarly situated defendants. He fails to overcome the presumption that his

within-Guidelines sentence is substantively reasonable and cannot result in a

disparity.

As an initial matter, Mr. Fowler did not provide the district court with the

statistics and cases he provides on appeal to argue there is a sentencing disparity. See

ROA Vol. I at 235–45 (sentencing memorandum). A sentencing court cannot abuse

its discretion by failing to consider information not before it at sentencing. See Verlo

v. Martinez, 820 F.3d 1113, 1125 (10th Cir. 2016) (“We will not hold that the district

court abused its discretion based on evidence not before it when it ruled.”). But even

examining Mr. Fowler’s sources, they do not establish the district court created an

unwarranted sentencing disparity. See Franklin, 785 F.3d at 1372–73 (considering

new citations as to potential sentencing disparities on appeal).

First, Mr. Fowler presents statistics on the mean sentences for kidnapping

compiled by the United States Sentencing Commission in fiscal years 2021 through

2023. Appellant’s Br. at 31–33. According to the statistics, the mean sentence for

kidnapping is between 168 and 201 months, with a median range between 124 and

168 months. Id. at 32. Mr. Fowler argues the gulf between these averages and his

624-month sentence creates an unwarranted disparity. But these bare statistics give us

“little to gauge the similarities and differences between Mr. [Fowler] and the

defendants in the” underlying cases. Franklin, 785 F.3d at 1372. Without the ability

to compare information about the “offense levels, criminal histories, and specifics of

12 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 13

the offenses” underlying those kidnapping convictions, “we cannot ascertain whether

the [] other sentences involved similar circumstances or, if they did, whether the

disparities were warranted.” Id. at 1373; see also United States v. Lucero, 130 F.4th

877, 890 (10th Cir. 2025) (McHugh, J., concurring) (discussing the relevance of

statistics involving “defendants sentenced under the same Guideline with the same

offense level [] and criminal history category”).

Mr. Fowler’s citations to published cases involving kidnapping convictions

fare no better. The cases do not reveal the existence of an unwarranted disparity

because none involve situations in which the defendant denied or deflected

responsibility as he did, and most resulted in steep, within-Guidelines sentences such

as Mr. Fowler’s. See United States v. Nelson, 801 F. App’x 652, 666 (10th Cir. 2020)

(affirming within-Guidelines sentence of 480 months for kidnapping that accounted

for defendant’s “history of serious mental illness” and “drug abuse”); United States v.

De Paz, 200 F. App’x 791, 792 (10th Cir. 2006) (affirming mandatory minimum

twenty-year sentence in kidnapping case in which defendant pleaded guilty with no

information about nature of the offense); United States v. Amaya-Vasquez, 760 F.

App’x 78, 80–81 (3d Cir. 2019) (affirming within-Guidelines sentence of twenty-four

years for kidnapping); United States v. Bryant, 913 F.3d 783, 788–89 (8th Cir. 2019)

(holding the within-Guidelines sentence of 360 months was presumptively

reasonable).3 And in the one case in which the court affirmed a significant downward

3 Mr. Fowler also cites United States v. Walker, 137 F.3d 1217 (10th Cir. 1998) and provides the docket for the case, which contains the sentence. But 13 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 14

variance, the district court had extensively explained the defendant’s documented

mental health struggles and why those struggles merited a downward departure.

United States v. DeRusse, 859 F.3d 1232, 1234, 1238–39 (10th Cir. 2017). Here,

while Mr. Fowler’s sentencing memorandum made a glancing reference to mental

health struggles, he did not document serious and untreated mental health struggles

as the defendant in DeRusse did.

Mr. Fowler provides no examples of kidnapping cases in which a defendant

similarly denied responsibility and sought to place blame on the victim; factors the

district court here relied on in determining that the § 3553(a) factors of deterrence,

just punishment, and need to protect the public militated in favor of a sentence at the

higher end of the Guidelines range. See ROA Vol. III at 402–05. Therefore, we

cannot conclude that the district court abused its discretion in imposing the sentence.

See Franklin, 785 F.3d at 1374.

because the case is a sufficiency-of-the-evidence appeal and not a sentencing appeal, there is no information provided about the defendant’s criminal history category or the Guidelines range. United States v. Sanders, 708 F.3d 976, 993 (7th Cir. 2013) is not analogous as it involves a twenty-five-year mandatory minimum sentence based on the kidnapping of a minor during a foiled robbery. Similarly, United States v. Dais, 559 F. App’x 438, 440–41 (6th Cir. 2014) involves a kidnapping arising from a disputed drug transaction, and resulted in within-Guidelines sentences of 390 and 500 months. 14 Appellate Case: 24-6087 Document: 56-1 Date Filed: 04/22/2025 Page: 15

IV. CONCLUSION

For the foregoing reasons, we AFFIRM Mr. Fowler’s sentence.

Entered for the Court

Carolyn B. McHugh Circuit Judge