United States v. Langford

516 F.3d 205, 2008 U.S. App. LEXIS 3758, 2008 WL 466158
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 22, 2008
Docket06-2774
StatusPublished
Cited by143 cases

This text of 516 F.3d 205 (United States v. Langford) 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. Langford, 516 F.3d 205, 2008 U.S. App. LEXIS 3758, 2008 WL 466158 (3d Cir. 2008).

Opinions

OPINION OF THE COURT

RENDELL, Circuit Judge.

Shawn Langford appeals the sentence imposed after he pled guilty to bank robbery in violation of 18 U.S.C. § 2113(a), armed bank robbery in violation of 18 U.S.C. § 2113(d), and carrying and brandishing a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(ii). Langford was sentenced to 46 months’ imprisonment for Counts One and Two, to be served concurrently, and a mandatory term of 84 months’ imprisonment for Count Three, to be served consecutively, for a total of 130 months’ imprisonment. Langford argues that the District Court improperly calculated his criminal history score and consequently chose an erroneous Sentencing Guidelines range as the first step in the sentencing process, and that he should therefore be resentenced. The government urges that the error is harmless because the applicable Guidelines range overlaps with the correct range. The application of the harmless error standard to a sentence in this fact setting is an issue of first impression in our Court. We will join our sister courts of appeals who have decided this issue and hold that the error is not harmless. We will accordingly vacate Langford’s sentence and remand to the District Court for resentencing.

I. FACTS AND PROCEDURAL HISTORY

On March 9, 2005, Langford and his uncle, Charles Collier, a career criminal, robbed the Iron and Glass Bank in Scott Township, Pennsylvania. PSR ¶ 5-6. Armed with a pistol, Langford remained in the lobby while Collier vaulted the teller counter, announced the robbery, and emptied the money from the teller drawers. PSR ¶ 7. Both men fled, were captured by [208]*208the police following a chase, and confessed to the bank robbery.

Langford was indicted for bank robbery in violation of 18 U.S.C. § 2113(a), armed bank robbery in violation of 18 U.S.C. § 2113(d), and carrying and brandishing a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(ii). He pled guilty to the charges on December 20, 2005. App. 85.

Langford was eighteen years old at the time of the bank robbery and this was his first adult offense. App. 34. Langford does, however, have a history of adjudications as a juvenile. In the Presentence Investigation Report (“PSR”), the probation officer concluded that consideration of three of Langford’s prior adjudications of juvenile delinquency resulted in five criminal history points.

The two adjudications not at issue on appeal were as follows:

1. In 2001, at age fourteen, Langford was adjudicated delinquent for criminal conspiracy, possession, and possession with intent to deliver crack cocaine and ordered committed to a Community Intensive Supervision Program (and subsequently a detention center for violating the terms of his program). PSR ¶ 31, App. 126.
2. In 2003, at age sixteen, he was adjudicated delinquent for robbery, criminal conspiracy, and fleeing the police. PSR ¶ 32.

While the charges were pending for his second offense, Langford was released with electronic home monitoring. He failed to appear for arraignment and a warrant was issued. On September 29, 2003, he was apprehended by the police as he attempted to steal a vehicle. PSR ¶ 33. That same day, a petition for his second adjudication was filed in juvenile court charging the defendant with the previous robbery charge. PSR ¶ 32. As to the robbery charge, he was adjudicated delinquent on October 28, 2003 and committed to a youth development center. PSR ¶ 32. On October 28, 2003, he was also adjudicated delinquent as to criminal attempt (auto theft), possession of instruments of crime, resisting arrest, criminal mischief, and disorderly conduct. The court discontinued that third adjudication and, according to the PSR, ordered the defendant to provide a DNA sample. PSR ¶ 33. This third adjudication (the “auto theft adjudication”) is at issue on appeal.

Because the 2005 bank robbery occurred less than two years after Langford’s release from juvenile commitment to a youth development center, the probation officer added an additional criminal history two points, establishing a criminal history category of IV. PSR ¶ 33.

At sentencing, Langford’s counsel argued that the appropriate criminal history category was III, rather than IV, because the last adjudication did not result in a sentence and, accordingly, no point should have been added. App. 116. The Court disagreed and calculated a criminal history category of IV which, when combined with a total offense level of 19, resulted in a Sentencing Guidelines range of 46 to 57 months’ incarceration for Counts One and Two. App. 123. Langford was sentenced to 46 months for Counts One and Two, to be served concurrently. For Count Three, carrying and brandishing a firearm during a crime of violence, Langford was subject to a mandatory minimum term of 84 months’ imprisonment to be served consecutively to the bank robbery charges. Langford’s total sentence, therefore, was 130 months’ imprisonment. Langford does not appeal his sentence for Count Three, but rather contends that the District Court miscalculated the Sentencing Guidelines range for Counts One and Two, thus resulting in a longer overall sentence.

[209]*209Langford timely appealed. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). See United States v. Lloyd, 469 F.3d 319, 321 (3d Cir.2006). We review the District Court’s interpretation of the Sentencing Guidelines de novo. United States v. Pojilenko, 416 F.3d 243, 246 (3d Cir.2005).

II. CALCULATION OF LANGFORD’S CRIMINAL HISTORY CATEGORY

Langford argues that the District Court should not have imposed a criminal history point for his juvenile adjudication for attempted auto theft because it resulted in a “discontinuance” of the delinquency petition. He maintains that a discontinuance is not a “sentence” within the meaning of U.S.S.G. § 4A1.2(a). Because no “sentence” was imposed, the adjudication should not have been counted, and the proper criminal history category was III, not IV. Accordingly, the Sentencing Guidelines range should have been 37 to 46 months.

U.S.S.G. § 4A1.2(a)(1) defines a prior sentence as “any sentence previously imposed upon adjudication of guilt, whether by guilty plea, trial, or plea of nolo contendere, for conduct not part of the instant offense.” To be sure, as the government argues, juvenile adjudications are not exempted from the calculation of a defendant’s criminal history score. United States v. Bucaro, 898 F.2d 368, 373 (3d Cir.1990).

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Bluebook (online)
516 F.3d 205, 2008 U.S. App. LEXIS 3758, 2008 WL 466158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-langford-ca3-2008.