United States v. Parker

371 F. App'x 295
CourtCourt of Appeals for the Third Circuit
DecidedMarch 24, 2010
DocketNo. 09-2742
StatusPublished

This text of 371 F. App'x 295 (United States v. Parker) 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. Parker, 371 F. App'x 295 (3d Cir. 2010).

Opinion

OPINION OF THE COURT

ALDISERT, Circuit Judge.

John Douglas Parker appeals from an order of the District Court of the Eastern District of Pennsylvania imposing a sentence of 228 months’ imprisonment followed by five years of supervised release, along with a special assessment of $200 and restitution of $1859. Parker argues that his career offender sentence is substantively unreasonable and that the District Court failed to meaningfully consider the required 18 U.S.C. § 3553(a) factors and Parker’s request for a below-guidelines sentence in light of the staleness and minor nature of the crimes triggering his “career offender” designation. We conclude that the District Court did not abuse its sentencing discretion, and we will affirm.1

I.

Because we write only for the parties, we will discuss only the relevant legal precepts and only those facts relating thereto.

[296]*296On September 9, 2008, Parker was indicted in the Eastern District of Pennsylvania on two counts of armed robbery, in violation of 18 U.S.C. § 2113(d). Parker pled guilty in December of 20082, and he was sentenced on June 8, 2009. The armed robberies were committed on May 24, 2008 and June 5, 2008 in Allentown and Easton, Pennsylvania. In both robberies, Parker brandished a knife and gave the teller a note claiming he had a gun pointed towards her. The Presentence Investigative Report (“PSR”) set Parker’s offense level at 31 with a criminal history category of VI, generating a 188-235 month range. This range reflects the career offender enhancement. Parker filed a timely notice of appeal on June 25, 2009.

II.

We review the District Court’s sentencing for abuse of discretion. United States v. Wise, 515 F.3d 207, 217-218 (3d Cir.2008). Our review is two-fold. We review for procedural error under the abuse-of-discretion standard, ensuring the sentencing court gave meaningful consideration to the relevant 18 U.S.C. § 3553(a) factors. Id. at 217. With respect to procedural reasonableness, the sentencing court need not “discuss and make findings as to each of the § 3553(a) factors if the record makes clear the court took the factors into account in sentencing.” United States v. Cooper, 437 F.3d 324, 329 (3d Cir.2006). We then review the substantive reasonableness under an abuse-of-discretion standard. Id. at 218. This final step is very deferential as we “recognize that the trial court is in the best position to determine the appropriate sentence.” United States v. Greenidge, 495 F.3d 85, 102 (3d Cir.2007). To review for substantive reasonableness, we engage in “a deferential review of the record developed by the district court to determine whether the final sentence, wherever it may lie within the permissible statutory range, was premised upon appropriate and judicious consideration of the relevant factors.” United States v. Schweitzer, 454 F.3d 197, 204 (3d Cir.2006). The party challenging the sentence bears the burden of proving its unreasonableness. Cooper, 437 F.3d at 332. We require district courts to set forth sufficient reasoning to satisfy us that they have “considered the parties’ arguments and [have] a reasoned basis for exercising [their] legal decision making authority.” United States v. Lessner, 498 F.3d 185, 203 (3d Cir.2007) (quoting Rita v. United States, 551 U.S. 338, 356, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007)).

III.

Parker challenges his sentence as substantively flawed, arguing the Guidelines sentence was greater than necessary to meet the statutory goals of sentencing. He argues that the District Court did not adequately weigh the convictions triggering the career offender enhancement — two petty “street-level” drug sales and a robbery, all of which occurred more than 15 years prior to the sentencing here. Parker argues that under the so-called “parsimony provision,” a sentence must be “sufficient, but not greater than necessary, to comply with the purposes” of sentencing. 18 U.S.C. § 3553(a). He contends that the District Court should have weighed the antiquation of his past convictions, and he emphasizes that the goal of career offender sentencing — “incapacitation to protect the public from additional crimes by the offender” — is best served by a lesser sentence in his case. (Appellant’s Br. 11.) [297]*297Parker makes no additional arguments regarding the § 3553(a) factors.

Parker has a substantial criminal record. In 1985, Parker was convicted of three gunpoint robberies. After serving several years in prison, he was released on parole, which was subsequently revoked. PSR ¶¶ 53-59. In 1990, Parker was convicted of attempted robbery for a home invasion in which a woman suffered a facial injury. After serving several years in prison, he was released on parole, which was subsequently revoked. PSR ¶¶ 62-65. In 1993, Parker was convicted of two cocaine distribution felonies. After serving at least seven years in prison, he was released on parole, which was subsequently revoked at least twice, resulting in several more years of incarceration. PSR ¶¶ 62-67. In both 2005 and 2006, Parker was convicted of misdemeanor theft. In 2007, Parker was convicted of criminal possession of a weapon. PSR ¶¶ 78-79.

Parker’s sole contention at sentencing3 was that his undisputed status as a career offender should be mitigated because his prior qualifying convictions were minor drug convictions from 1993. The District Court engaged in a lengthy and thorough explanation of its sentence. (App.73-90.) The Court took note of Parker’s long criminal history and observed that these crimes were both serious and “not out of the ordinary for this defendant, who has made crime a way of life since his youth.” (App.73, 75.) The Court acknowledged the purpose of deterring others, as well as Parker himself, from such serious criminal conduct. (App.80.) The District Court was not pleased with Parker’s attempt to downplay his crimes, noting that he “underplayed his role in these offenses,” and that one of the victims was “indeed terrorized by the defendant’s actions.” (App.77.) The Court noted that Parker’s combined criminal history points exceeded the amount needed to achieve the highest possible criminal history score under the Guidelines.

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Related

Rita v. United States
551 U.S. 338 (Supreme Court, 2007)
United States v. Lydia Cooper
437 F.3d 324 (Third Circuit, 2006)
United States v. Leo F. Schweitzer, III
454 F.3d 197 (Third Circuit, 2006)
United States v. Lessner
498 F.3d 185 (Third Circuit, 2007)
United States v. Wise
515 F.3d 207 (Third Circuit, 2008)
United States v. Greenidge
495 F.3d 85 (Third Circuit, 2007)

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Bluebook (online)
371 F. App'x 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-parker-ca3-2010.