United States v. Gregory Williams, Jr.

664 F. App'x 517
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 22, 2016
Docket15-4089
StatusUnpublished
Cited by7 cases

This text of 664 F. App'x 517 (United States v. Gregory Williams, Jr.) 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. Gregory Williams, Jr., 664 F. App'x 517 (6th Cir. 2016).

Opinion

SUTTON, Circuit Judge.

Gregory Williams challenges the district court’s decisions to sentence him to a prison term above the recommended guidelines range and to make the sentence consecutive to state sentences for robbery and drug possession. Because the district court did not abuse its discretion in either respect, we affirm.

On April 12, 2013, FBI agents attempted to arrest Williams at a home where he had been staying periodically based on an arrest warrant stemming from a drug-possession charge. A resident gave the agents permission to search the home, and the agents found a firearm and ammunition wrapped in a towel in a plastic bag in the bedroom where Williams’ girlfriend slept.

Williams robbed a bank the next day, and FBI agents arrested him soon after. When the agents asked Williams about the gun they had found, he explained that he was holding it for a friend whom he refused to name.

A DNA swab of the gun showed major contributions from Eric Gooch, who had committed three bank robberies in January—March 2013, and at least two other individuals. Text messages and call logs showed that, on March 13, 2013, Williams called a bank less than one hour before Gooch robbed it, and that Williams and Gooch communicated after the robbery. The messages and call logs also showed that Williams communicated often with Shawn Caldwell, who was later convicted of a different bank robbery. In one message sent two days before the March 13 bank robbery, Williams told Caldwell, “I need a strap” (slang for “gun”). R. 21-4.

Williams pleaded guilty to being a felon in possession of a firearm and ammunition. See 18 U.S.C. § 922(g)(1), § 924(a)(2). The *519 presentence report assigned Williams a base offense level of 14 and a criminal history category of V. The government initially objected that Williams’ offense level should be 20 because his prior conviction for failure to comply with the order of a police officer qualified as a crime of violence under the Guidelines’ residual clause. See U.S.S.G. §§ 2K2.1(a)(4)(A), 4B1.2(a)(2). But it withdrew the objection in light of Johnson v. United States, — U.S.—, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). After a two-level reduction for acceptance of responsibility, Williams faced a recommended sentencing range of 27-33 months.

At the sentencing hearing, Williams’ counsel requested a sentence within the guidelines range. He noted Williams’ difficult childhood, and Williams himself addressed the court to apologize for his conduct and to express his commitment to staying sober and parenting his children.

The government asked the court to impose an above-guidelines sentence and to make it consecutive to Williams’ state sentences for bank robbery and drug possession. The government observed that this was not a typical felon-in-possession case. The circumstances indicated that Williams was holding the gun for Gooch, who had been involved in a series’of violent robberies, or perhaps for Caldwell, who was a convicted bank robber. The government added that the officers found the gun in a room accessible to children and that Williams had an extensive criminal record, involving crimes of increasing severity.

The district court imposed a sentence of 60 months for the firearm violation, to run consecutive to Williams’ 30-month state sentence for robbery and 7-month sentence for drug possession. The court gave these reasons for the sentence: the gun was likely being held for use in violent robberies, the gun posed a danger to children¡ and the defendant had an escalating criminal history. The court also noted that longer sentences like this one were needed to combat gun violence in Cleveland, and that the sentence was still well below the statutory maximum of 120 months.

On appeal, Williams claims that the district court abused its discretion in imposing a procedurally and substantively unreasonable sentence. We disagree.

Procedural reasonableness requires that a district court “properly calculate the guidelines range, treat the guidelines as advisory, consider the § 3553(a) factors and adequately explain the chosen sentence.” United States v. Presley, 547 F.3d 625, 629 (6th Cir. 2008). Williams first argues that the court made a procedural error by failing to explain its decision to make a six-level upward departure under § 4A1.3 of the Guidelines, which provides that a district court may exceed the recommended range when reliable information “indicates that the defendant’s criminal history category substantially under-represents the seriousness of the defendant’s criminal history or [risk of recidivism].” U.S.S.G. § 4A1.3(a)(l). In making this upward departure, Williams maintains, the district court effectively granted the government’s earlier request that Williams be classified as a career offender, even though Johnson (arguably) eliminated the basis for that classification.

But Williams misapprehends what happened. The district court repeatedly made clear that it was making a variance under § 3553(a), not a departure under § 4A1.3. See United States v. Herrera-Zuniga, 571 F.3d 568, 586-87 (6th Cir. 2009). By the time of sentencing, the government had withdrawn its request that Williams be subject to a higher offense level as a career offender, and the district court did not consider it. Because the district court based its decision to impose an above- *520 range sentence on § 3553(a), not § 4A1.3, Williams’ argument falls short of the mark.

Williams separately claims that his sentence is procedurally unreasonable because the district court failed to consider the § 3553(a) sentencing factors. “[A] sentence is procedurally reasonable if the record demonstrates that the sentencing court addressed the relevant factors in reaching its conclusion.” United States v. Dexta, 470 F.3d 612, 614-15 (6th Cir. 2006). No “rote listing” of the factors is required. Id. at 615. What is required is that the court provide reasons for the sentence that “sufficiently reflect considerations akin to those enumerated in the statute.” United States v. Husein, 478 F.3d 318, 330 (6th Cir. 2007). The court readily met that standard when it gave a detailed explanation of its decision to impose a sentence above the guidelines range. It discussed the circumstances of the offense and Williams’ criminal history, see 18 U.S.C. ■§ 3553(a)(1), and explained that the sentence was necessary to reflect the seriousness of the offense, to deter gun. violence in Cleveland, and to protect the public, see id. § 3553(a)(2). At the same time, the court considered Williams’ mitigating factors—his experience of childhood abuse, trouble with substance abuse, and desire to maintain a relationship with his children—but found that an upward variance was warranted nonetheless.

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664 F. App'x 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gregory-williams-jr-ca6-2016.