United States v. Lawyer Lee Walker

202 F.3d 181, 2000 U.S. App. LEXIS 773, 2000 WL 46020
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 20, 2000
Docket99-3071
StatusPublished
Cited by4 cases

This text of 202 F.3d 181 (United States v. Lawyer Lee Walker) 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. Lawyer Lee Walker, 202 F.3d 181, 2000 U.S. App. LEXIS 773, 2000 WL 46020 (3d Cir. 2000).

Opinions

OPINION OF THE COURT

BECKER, Chief Judge.

In this second appeal of a federal sentence arising out of a prisoner’s assault on a prison employee, we must again consider whether a prison cook supervisor is a “corrections officer” for purposes of a three-level “Official Victim” enhancement under United States Sentencing Guidelines § 3A1.2(b). For the defendant, the consequences of such an enhancement are great, and hence (as is always the case) we treat the legal issues raised by this matter with seriousness. That said, we do not denigrate this appeal by observing that the public might well wonder whether federal judges do not have more important things to do than to write the eighteen page opinion necessary to decide this essentially pedestrian question. If Congress would amend the Sentencing Guidelines Enabling Act, 28 U.S.C. § 994 et seq., so as to enable the Sentencing Commission to afford federal judges additional sentencing discretion, such efforts could be avoided. If it does not, we can look forward to decades more in which the dockets of the federal courts will be glutted with such esoteric exercises, the energies of district court and appellate judges sapped, and the Federal Reporters filled with one tome after another on issues as banal as whether a cook supervisor is a corrections officer.1

The subject of this opinion is the Defendant, Lawyer Lee Walker. Walker is a federal inmate who worked in the kitchen at the United States Penitentiary at Lew-isburg, Pennsylvania (USP-Lewisburg), and who, soon after he was notified that he would be transferred from that job, assaulted his former boss David Wadeck, a prison cook supervisor. In the case at the bar, we must determine whether Wadeck was a corrections officer and whether Walker knew or had reasonable cause to believe that Wadeck was a corrections officer, such that a three-level sentence enhancement under § 3A1.2(b) was appropriate. The panel hearing Walker’s first appeal defined the term “corrections officer” for us and did so narrowly. The prior panel focused on whether the victim was titled a corrections officer, whether he spent a significant amount of time guarding prisoners, and whether he was guarding prisoners at the time he was assaulted. See United States v. Walker, 149 F.3d 238, [183]*183242 (3d Cir.1998). The District Court re-sentencing Walker applied this definition and found the Official Victim enhancement appropriate.

Although, with the benefit of hindsight, one could argue that the prior panel’s definition of the term corrections officer is unduly narrow, we are, needless to say, bound by it. Accordingly, our task is limited to assessing whether the District Court resentencing Walker applied that definition correctly. Because we find that Wadeck was not titled a corrections officer, and that the record does not support either the conclusion that Wadeck spent significant time guarding prisoners or that he was engaged in the act of guarding prisoners when he was struck by Walker, we hold that the District Court erred as a matter of law in enhancing Walker’s sentence. That said, because a broader definition of corrections officer seems to us to be more consonant with the purpose of the “Official Victim” enhancement, we urge the Sentencing Commission to revisit § 3A1.2(b) and the application notes accompanying it, thereby obviating the uncertainty that led to the prior panel’s rendering.

I.

Lawyer Lee Walker worked on a food service detail at USP-Lewisburg. The penitentiary employed Wadeck as a cook supervisor. Wadeck served as Walker’s immediate supervisor. See infra Subsections II.A.1-3 (describing what these supervisory duties entailed). One day during work, Donald Reed, the Food Services Supervisor in charge of the kitchen, informed Walker that Wadeck found Walker’s work substandard and that Walker would be transferred to another job position. After Walker’s meeting with Reed, Wadeck “provoked” Walker by calling him a “punk,” which is an extremely offensive term to prisoners at USP-Lewisburg. United States v. Walker, 30 F.Supp.2d 829, 831 & n. 1 (M.D.Pa.1998). Incensed, Walker waited approximately an hour and then, while Wadeck prepared food trays for inmates in the segregation unit, attacked Wadeck by striking him from behind with a steel ladle or paddle. A struggle ensued during which Walker kicked Wadeck several times. Wadeck fended off Walker by pulling down Walker’s pants. Other correctional staff summoned by Wa-deck detained Walker.

Walker pled guilty to possession of a prohibited object by an inmate, 18 U.S.C. § 1791, and impeding a federal officer, 19 U.S.C. § 111. The District Court sentenced Walker to 77 months incarceration, applying a three-level enhancement to Walker’s offense level under U.S.S.G. § 3A1.2(b). Section 3A1.2, entitled “Official Victim” provides that

[i]f-
(b) during the course of the offense or immediate flight therefrom, the defendant or a person for whose . conduct the defendant is otherwise accountable, knowing or having reasonable.cause to believe that a person was a law enforcement or corrections officer, assaulted such .officer in a .manner creating a substantial risk of serious bodily injury,
increase by 3 levels.

U.S.S.G. § 3Al-2(b) (bold in original).

Walker appealed the enhancement. The prior panel concluded that, in applying § 3A1.2(b), the District Court impermissi-bly lumped “' ‘all prison employees, who work in facilities and frequently interact with inmates’ ” into the smaller subset of individuals referred to as corrections officers in § 3A1.2(b). Walker, 149 F.3d at 241 (quoting the District Court).2 The [184]*184panel held that, for purposes of § 3A1.2(b), a “ ‘corrections officer’ ... is a person distinct from other prison employees.” Id. at 242. According to the panel, a corrections officer is defined as “[1] any person so titled, [2] any person, however titled, who spends significant time guarding prisoners within a jail or correctional institution or in transit to or from or within a jail or correctional institution, and [3] all other persons assaulted while actually engaged in guarding prisoners.” Id. Because the panel found no evidence that Wadeck fit into any one of these three criteria, it reversed and remanded for resentencing, suggesting that the District Court conduct further fact-finding to see whether Wa-deck qualified as a corrections officer under § 3A1.2(b) and the panel’s definition of that term. See id. at 243.

On resentencing, the District Court engaged in the suggested fact-finding and made several conclusions of law based on the panel’s three-part, disjunctive test for determining whether Wadeck was a corrections officer. The Court first found that Wadeck’s job title was not “corrections officer,” but instead “cook supervisor.” Accordingly, he did not meet the first criterion of the test.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Nippon Steel Corp. v. United States
391 F. Supp. 2d 1258 (Court of International Trade, 2005)
United States v. Flynn
58 M.J. 574 (Army Court of Criminal Appeals, 2003)
United States v. Jacquita D. Hayes
242 F.3d 114 (Third Circuit, 2001)
United States v. Lawyer Lee Walker
202 F.3d 181 (Third Circuit, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
202 F.3d 181, 2000 U.S. App. LEXIS 773, 2000 WL 46020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lawyer-lee-walker-ca3-2000.