United States v. Hudgins

338 F. App'x 150
CourtCourt of Appeals for the Third Circuit
DecidedJuly 27, 2009
DocketNos. 07-4568, 08-1379
StatusPublished

This text of 338 F. App'x 150 (United States v. Hudgins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Hudgins, 338 F. App'x 150 (3d Cir. 2009).

Opinion

OPINION OF THE COURT

RENDELL, Circuit Judge.

William Hudgins was convicted of three counts of a six-count indictment for two separate armed robberies of the same business six weeks apart. The District Court originally sentenced him to 444 months’ imprisonment, but later revised the sentence to a within-Guidelines 384 months after the Probation Office notified the court it had erred in its Sentencing Guidelines range computation. Hudgins raises two issues on appeal: (1) whether the District Court properly denied his motion to sever Counts One and Two of the indictment from Counts Three through Six; and (2) whether the District Court imposed a reasonable sentence in light of the sentencing factors in 18 U.S.C. § 3553(a). We conclude that the District Court properly denied Hudgins’s motion to sever and that it imposed a reasonable sentence.

The grand jury’s indictment alleged six counts against Hudgins. Counts One and Two stem from Hudgins’s alleged aimed robbery of JM Films, 3621 North Broad Street, Philadelphia, in May, 2006.1 The government alleges that on May, 18, 2006, Hudgins, acting alone, gained entrance to JM Films by telling the store’s clerk he was an acquaintance of co-defendant Leroy Fields. Once inside the store, Hudgins produced a handgun and ordered the clerk to give him the store’s money. Hudgins stole approximately $1,508 from the store, along with the clerk’s cell phone.

Counts Three through Six of the indictment stem from Hudgins’s and Fields’s alleged armed robbery of the same store in July, 2006.2 The government alleges that Hudgins, this time with Fields and a third individual not apprehended, entered JM Films with a gun, beat the clerk with the gun, and bound the clerk’s hands. Officers arrived on the scene to find Hudgins and Fields rummaging through the store, arrested them both, and recovered the gun.

[152]*152Before trial, Hudgins filed a motion to sever the counts related to the two robberies. The District Court denied the motion, finding substantial similarity and connection between the May and July robberies, in accordance with Fed.R.Crim.P. 8(a), and no reasons why prejudice would result from joinder under Fed.R.Crim.P. 14. Fields pled guilty to all Counts against him and testified against Hudgins at his trial. The jury acquitted Hudgins of Counts One, Two and Six (the counts associated with the May robbery and the firearms possession count) and convicted him of Counts Three, Four and Five (the counts associated with the July robbery).

At Hudgins’s original sentencing hearing, he raised several objections with the court including ineffectiveness of counsel. The government argued for a within-Guidelines sentence, noting Hudgins’s pri- or history of preying on elderly victims, his multiple parole violations, and his repeated terms in state prison. The court then imposed a sentence of 444 months, at the bottom of the Guidelines range.

Before the District Court signed the judgment and commitment order, however, the Probation Office advised the court it had erred in its Guidelines range computation; the revised range was 360 months to life. Hudgins was granted a re-sentencing hearing, where the court heard from Hud-gins, his family members, and his counsel. Hudgins’s counsel asked for a sentence at the low end of the Guidelines. The court then imposed a within-Guidelines sentence of 384 months.

DISCUSSION

The District Court had jurisdiction pursuant to 18 U.S.C. § 3231. This court has appellate jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We review the joinder of offenses under Rule 8(a) de novo. United States v. Irizarry, 341 F.3d 273, 287 (3d Cir.2003). We review the District Court’s denial of a motion for severance for an abuse of discretion. United States v. Hart, 273 F.3d 363, 369 (3d Cir.2001). We review the court’s sentence for reasonableness under an abuse of discretion standard. Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 594, 169 L.Ed.2d 445 (2007).

I. Severance

Hudgins first argues that joinder of the May and July robberies was improper because the permissible joinder grounds under Rule 8(a) were not present. The government argues that they were, noting that the two robberies were of similar character and that they were part of a common plan. Rule 8(a) states that:

The indictment or information may charge a defendant in separate counts with 2 or more offenses if the offenses charged — whether felonies or misdemeanors or both — are of the same or similar character, or are based on the same act or transaction, or are connected with or constitute parts of a common scheme or plan.

Fed.R.Crim.P. 8(a). The offenses need not be identical to be joined; it is sufficient if “each was committed in pursuit of the common scheme charged.” United States v. Scott, 326 F.Supp. 272, 276 (W.D.Pa. 1971), aff'd, 460 F.2d 45 (3d Cir.1972). Joinder is desirable at the trial level because it “promote[s] economy of judicial and prosecutorial resources.” United States v. Gorecki, 813 F.2d 40, 42 (3d Cir.1987).

We conclude that the offenses were substantially similar, a common plan existed between them and, therefore, that they were properly joined. All counts related to robberies of the same business, by the same defendant, even of the same clerk, merely six weeks apart. Hudgins targeted [153]*153the same establishment and used a handgun in both robberies. Indeed, the only substantial difference in the second robbery was Fields’s presence. Moreover, further proof of a common plan is evidenced by Hudgins’s use of Fields’s name to gain entrance to the store during the first robbery. This information was not contained in the indictment, but, in Rule 8 motions, courts may look beyond the indictment for information that clarifies factual connections between the counts. United States v. McGill, 964 F.2d 222, 242 (3d Cir.1992).

Alternatively, Hudgins argues that joining the offenses was an abuse of discretion by the District Court because joinder prejudiced him.

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Related

Rita v. United States
551 U.S. 338 (Supreme Court, 2007)
Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
United States v. Clarence Scott
460 F.2d 45 (Third Circuit, 1972)
United States v. William P. Catena, M.D.
500 F.2d 1319 (Third Circuit, 1974)
United States v. Donald Thomas
610 F.2d 1166 (Third Circuit, 1979)
Government of the Virgin Islands v. Sotero Sanes
57 F.3d 338 (Third Circuit, 1995)
United States v. Elvis Irizarry
341 F.3d 273 (Third Circuit, 2003)
United States v. Lydia Cooper
437 F.3d 324 (Third Circuit, 2006)
United States v. Lessner
498 F.3d 185 (Third Circuit, 2007)
United States v. Scott
326 F. Supp. 272 (W.D. Pennsylvania, 1971)

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Bluebook (online)
338 F. App'x 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hudgins-ca3-2009.