United States v. Jeffrey Baker

384 F. App'x 526
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 15, 2010
Docket09-2614
StatusUnpublished

This text of 384 F. App'x 526 (United States v. Jeffrey Baker) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Jeffrey Baker, 384 F. App'x 526 (8th Cir. 2010).

Opinion

PER CURIAM.

Jeffrey Baker pleaded guilty to one count of bank robbery (“Count 1”), in violation of 18 U.S.C. § 2113(a) and (d), and one count of brandishing a firearm during a crime of violence (“Count 2”), in violation of 18 U.S.C. § 924(c)(l)(A)(ii). The district court 2 sentenced Baker to 46 months’ imprisonment on Count 1 and 84 consecutive months on Count 2. The district court also ordered that the Count 1 sentence be served consecutive to Baker’s existing 31-month sentence for a robbery in Johnson County, Kansas. On appeal, Baker maintains that the district court unreasonably ordered the sentence for Count 1 to run consecutive to the Johnson County sentence. We disagree and affirm the judgment of the district court.

I. Background

On December 26, 2007, Baker and code-fendant, Rashaud S. Shelton, robbed the Central Bank of Kansas City at gun point. Baker and Shelton employed a juvenile as a lookout remaining at the bank door dur *527 ing the robbery. Baker and Shelton entered the bank at approximately 4:20 p.m. wearing ski masks and hooded coats. Baker and Shelton approached one of the bank employees and directed that employee to put money from his drawer into a trash bag that Baker handed to him. The employee complied and, while doing so, placed bait money into the bag causing the bank’s alarm system to trigger. The robbers instructed the employee to step away from the counter and to keep his hands where Baker and Shelton could see them. Baker and Shelton demanded access to the bank vault. An employee led Shelton to the vault; while opening the vault, Shelton stated, “Don’t do anything stupid.” Shelton also threatened that it would “be all over” if he heard any sirens. While in the vault, this employee saw a firearm in Shelton’s left hand.

After obtaining the money from the vault, Baker, Shelton, and the juvenile left the bank and fled the scene on foot. Through various tips and information obtained from a confidential informant, the Kansas City Missouri Police Department began to develop leads on the three individuals involved in the robbery. The juvenile was the first of the three to be interviewed. He identified Shelton as a participant in the robbery. He also explained that Shelton told him what to do during the robbery and that he did not know Baker. Baker and his accomplices stole approximately $65,000 from the bank.

Kansas City police picked Shelton up on April 5, 2008, and interviewed him regarding his involvement in the robbery. He admitted making threats to a bank employee and further indicated that he gave the gun to Baker because the bag of money that he was carrying out from the vault was too heavy.

Law enforcement also interviewed Baker. Baker stated that he, Shelton, and the juvenile planned the robbery together and selected the location based on Shelton’s prior surveillance. Baker further described that when Shelton did not respond to Baker’s requests to leave the bank, he went into the vault to get him. Upon entering the vault, Baker stated that he found Shelton attempting to hold the gun under his chin because his arms were occupied with the money. Baker testified at his plea hearing that he took the gun from Shelton and put it into his pocket.

On January 10, 2008, a grand jury returned an indictment charging Baker with one count of bank robbery and one count of using a firearm during the commission of a crime of violence. On March 19, 2009, the district court conducted a change of plea hearing at which Baker pleaded guilty to both counts of the indictment. Baker’s presentence investigation report (PSR) calculated his base offense level for count 1 as 20. The PSR added two levels for the involvement of a financial institution and two levels for the amount of loss. Baker received no enhancement for his role in the offense but did receive a two-level reduction for acceptance of responsibility. Baker received an additional one-level reduction for assisting the investigation. Baker’s prior offenses gave him four criminal history points and placed him in criminal history category III.

On June 30, 2009, the district court conducted a sentencing hearing. During that hearing, the district court sentenced Baker to 46 months’ imprisonment on Count 1 and 84 months consecutively on Count 2 as required by 18 U.S.C. § 924(c)(l)(D)(ii) 3 . *528 The district court also ordered the Count 1 sentence to run consecutive to Baker’s 31-month sentence that he had already received for the robbery in Johnson County.

II. Discussion

On appeal, Baker makes three arguments seeking reversal of his sentence. First, he asserts that given the absence of violence in the robbery, the minor role that he played in the offense, the Guidelines enhancement resulting from the Kansas conviction, and his minimal criminal history, the district court abused its discretion in ordering the sentence for Count 1 to run consecutive to the Johnson County sentence.

Next, Baker contends that 18 U.S.C. § 3584(a) and (b) mandate consideration of the 18 U.S.C. § 3553(a) factors in determining whether to impose a concurrent, partially concurrent, or consecutive sentence, and that when considering those factors his sentences should run concurrently.

Finally, Baker asserts that the Sentencing Commission contemplated cases like his and specifically designed U.S.S.G. § 5G1.3 .to permit courts to run sentences concurrently. Accordingly, Baker argues that the court’s order of consecutive sentences is unreasonable as it imposes a sentence that is greater than necessary to fulfill the purposes set forth in § 3553(a)(2).

“We review the district court’s application of the sentencing guidelines de novo.” United States v. Sumlin, 317 F.3d 780, 782 (8th Cir.2003). “We review the district court’s application of section 5G1.3 de novo.” United States v. Lyons, 47 F.3d 309, 311 (8th Cir.1995). “We review a distinct court’s decision to impose a consecutive or concurrent sentence for reasonableness.” United States v. Winston, 456 F.3d 861, 867 (8th Cir.2006).

We affirm the district court’s imposition of consecutive sentences.

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United States v. Charles E. Winston
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Bluebook (online)
384 F. App'x 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jeffrey-baker-ca8-2010.