United States v. Michael A. Eve

984 F.2d 701, 1993 U.S. App. LEXIS 1489, 1993 WL 18791
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 2, 1993
Docket92-3315
StatusPublished
Cited by26 cases

This text of 984 F.2d 701 (United States v. Michael A. Eve) 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. Michael A. Eve, 984 F.2d 701, 1993 U.S. App. LEXIS 1489, 1993 WL 18791 (6th Cir. 1993).

Opinions

BOYCE F. MARTIN, Jr., Circuit Judge.

Michael A. Eve was charged with one count of using a false Social Security Number, in violation of 42 U.S.C. § 408(a)(7)(B). Eve pled guilty to this offense. Eve's Pre-sentence Report calculated his overall offense level under the Sentencing Guidelines by relying on a base offense level of 6 and sentencing enhancements of two points each for obstruction of justice, a scheme involving more than minimal planning, and violation of a standing judicial order. Eve’s criminal history placed him in category VI; therefore, his sentencing range was 24 to 30 months.1 The district court determined that an upward departure from the guidelines range was necessary; therefore, Eve was sentenced to the statutory maximum of five years. Eve appeals the two-point enhancements to his base offense level and the district court’s upward departure from the guidelines. We affirm in part and reverse in part and remand to the district court for resentencing consistent with this opinion.

At the time of the offense which forms the basis for this appeal, Michael Eve was under two separate driving suspensions from the State of Ohio. On November 15, 1989, Eve received a 99-year suspension of his driver’s license, resulting from numerous convictions of Driving Under the Influence of Drugs or Intoxicants. He received an additional five-year suspension of his license on July 3, 1990.

After Eve received these suspensions, Maureen Solberger, a friend of Eve, obtained a certified copy of William E. Weis-brodt’s Certificate of Live Birth from the Kentucky Department of Human Resources, Division of Vital Statistics, in Frankfort, Kentucky. On October 9, 1990, Eve took Weisbrodt’s birth certificate to the Social Security Administration Office in Losantiville, Ohio and used it as identification to obtain a number identity (numident) computer printout sheet on Weisbrodt. The numident printout contained Weis-brodt’s Social Security Number, date of birth, and other background information. Eve took the numident printout sheet to the Ohio Driver’s License Testing Station in Evandale, Ohio, where he obtained an Ohio driver’s license in the name and Social Security Number of William E. Weisbrodt.

On July 30, 1991, while using the false driver’s license, Eve was arrested in Ohio for Driving Under the Influence. He was scheduled for arraignment in municipal court on August 5, 1991, but he failed to appear. On September 17, 1991, Eve was arrested by federal authorities for using a false Social Security Number after Solber-ger confessed to defrauding the Social Security Administration and reported Eve to the authorities. At his initial appearance, Eve did not provide complete information to the court regarding his criminal record, and the Magistrate’s Order of Detention noted that “Eve lied to the Court about his record.”

Eve pled guilty to one count of using a false Social Security Number, in violation of 42 U.S.C. § 408(a)(7)(B), on October 10, 1991. Eve’s Presentence Report established his base offense level as 6. U.S.S.G. § 2Fl.l(a). The probation officer enhanced the base offense level by two points for [703]*703obstruction of justice because Eve had lied to the Magistrate and to the Pretrial Services Officer about his criminal history. U.S.S.G. § 3G1.1. Eve also received two-point enhancements because his offense involved “more than minimal planning,” U.S.S.G. § 2Fl.l(b)(2)(A), and because Eve violated a standing judicial order. U.S.S.G. § 2F1.1(b)(3)(B). Finally, the officer reduced the offense level by two points for acceptance of responsibility. U.S.S.G. § 3El.l(a). Therefore, Eve’s adjusted base offense level was 10. Eve received 13 points for his criminal history, a result of numerous drunk driving convictions, domestic violence, receipt of stolen property, and contempt of court. As a result, the Presentence Report placed him in Criminal History Category VI.

The offense grid for a base offense level of 10 and criminal history category of VI mandates a sentence between 24 and 30 months. The probation officer recommended that the district court depart upward from the guidelines range for five reasons: (1) four of Eve’s prior felonies did not appear in his criminal history category because they exceeded the time limitations specified by the guidelines; (2) Eve’s criminal history category was already at the highest level; (3) Eve continued to drive after numerous convictions for Driving Under the Influence and after revocation of his license; (4) Eve’s purpose in using the false Social Security Number was to obtain a new driver’s license; and (5) Eve was arrested for Driving Under the Influence while using the false driver’s license. The district court adopted the findings of the Presentence Report and the reasons proffered to support an upward departure from the guidelines range. The court then sentenced Eve to five years in. prison, the statutory maximum for his offense. Eve appeals the length of his sentence, arguing that the enhancements for obstruction of justice, more than minimal planning, and violation of a standing judicial order were improper, and that the district court incorrectly departed upward from the guidelines range.

The district court’s findings on circumstances which may warrant an enhancement of the base offense level are factual in nature. See United States v. Williams, 952 F.2d 1504 (6th Cir.1991). "This court will accept the factual findings of a district court in respect of the -sentencing guidelines unless they are clearly erroneous, and will give due deference to the district court’s application of the guidelines to the facts.” Id. at 1514 (citations omitted). The district court’s determination that a defendant obstructed justice in connection with the offense is a factual determination which this court reviews under the clearly erroneous standard. Id. Similarly, the district court’s finding that the defendant’s offense involved more than minimal planning is a factual finding, reviewed by this court only for clear error. United States v. Lennick, 917 F.2d 974, 979 (7th Cir.1990). We find nothing in the record to support Eve’s argument that the district court was clearly erroneous in determining that Eve's actions warranted enhancement for obstruction of justice, U.S.S.G. § 3C1.1, and more than minimal planning. U.S.S.G. § 2F1.1(b)(2)(A).

We also reject Eve’s argument that enhancement of his offense level for violation of a standing judicial order was incorrect. Section 2F1.1(b)(3)(B) of the sentencing guidelines provides for such enhancement when a defendant “violates] any judicial or administrative order ...” (emphasis added). Although no standing judicial order prohibited Eve from obtaining a false Social Security Number, he was subject to a court order preventing him from operating a motor vehicle for at least 99 years. Eve’s only apparent purpose in obtaining the false Social Security Number was to obtain a driver’s license, and Eve actually used the fraudulent driver’s license for several months despite the court order not to drive. Therefore, the district court did not err in enhancing Eve’s sentence for violating a standing judicial order.

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

Related

United States v. Gary Musick
601 F. App'x 414 (Sixth Circuit, 2015)
United States v. Wilfredo Lopez-Galvez
429 F. App'x 567 (Sixth Circuit, 2011)
United States v. Cooney
26 F. App'x 513 (Sixth Circuit, 2002)
United States v. Bennett
27 F. App'x 431 (Sixth Circuit, 2001)
United States v. Puckett
Fourth Circuit, 1998
United States v. Alfonza Finch
96 F.3d 1448 (Sixth Circuit, 1996)
United States v. John L. Ellerbee
73 F.3d 105 (Sixth Circuit, 1996)
United States v. Timothy L. Little
61 F.3d 450 (Sixth Circuit, 1995)
United States v. Charles R. Michalek
54 F.3d 325 (Seventh Circuit, 1995)
United States v. William Robert Jacobs
48 F.3d 1220 (Sixth Circuit, 1995)
United States v. William E. Nidiffer
47 F.3d 1171 (Sixth Circuit, 1995)
United States v. Robert Glenn Wyne
41 F.3d 1405 (Tenth Circuit, 1994)
United States v. Deandre Mathis
28 F.3d 1214 (Sixth Circuit, 1994)
United States v. Parker
23 F.3d 409 (Sixth Circuit, 1994)
United States v. Michael Riselay Joseph Botello
23 F.3d 409 (Sixth Circuit, 1994)
United States v. Brenda Arlene Linville
10 F.3d 630 (Ninth Circuit, 1993)
United States v. Donald K. Hurst
4 F.3d 994 (Sixth Circuit, 1993)
United States v. Donald Scott
1 F.3d 1243 (Sixth Circuit, 1993)
United States v. Willie J. Ivery
999 F.2d 1043 (Sixth Circuit, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
984 F.2d 701, 1993 U.S. App. LEXIS 1489, 1993 WL 18791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-michael-a-eve-ca6-1993.