United States v. Paul Jerome Spiers

82 F.3d 1274, 1996 U.S. App. LEXIS 10091
CourtCourt of Appeals for the Third Circuit
DecidedMay 2, 1996
Docket95-5335 and 95-5336
StatusPublished
Cited by26 cases

This text of 82 F.3d 1274 (United States v. Paul Jerome Spiers) 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. Paul Jerome Spiers, 82 F.3d 1274, 1996 U.S. App. LEXIS 10091 (3d Cir. 1996).

Opinion

*1275 OPINION

LEWIS, Circuit Judge.

This appeal calls upon us to clarify our recent holding in United States v. Holifield, 53 F.3d 11 (3d Cir.1995), in which we addressed the question of a district court’s discretion to impose a concurrent or consecutive sentence under section 5G1.3(c) of the United States Sentencing Guidelines. In Holifield, we held that “although the district court must calculate the ‘reasonable incremental punishment’ according to the [sentencing guidelines’] methodology, it need not impose that penalty.” Id. at 16-17. Today, we reaffirm that a district court must determine the Guidelines’ suggested “reasonable incremental punishment” according to the commentary’s methodology. The imposition of the commentary’s suggested penalty, however, remains within the district court’s discretion. We further hold that, a court may impose a different penalty or employ a different method for determining what constitutes a reasonable incremental punishment as long as it indicates its reasons for imposing the penalty in such a way as to allow us to see that it has considered the methodology. In this case, the district court performed the calculations necessary to determine the Guideline’s suggested penalty and provided sufficient reasons for imposing a different penalty. The order of the district court, therefore, will be affirmed.

I.

The facts of this case are undisputed. From 1988 until his arrest in 1991, Paul Spiers embarked upon a veritable one man crime spree through three states.

The offenses at issue began in New Jersey on August 10, 1988, when Spiers approached a teller at a branch of First Fidelity Bank in Newark, New Jersey. Spiers handed the teller a note that read, “Hand me your $100. $50. $20 or your gonna die! right where you stand [sic] Try anything unordinary and your gonna see a real blood bath but you’ll be First.” (Presentence Report ¶ 10) (“PSR”) (emphasis in original). Spiers then told the teller that she would die if she did not follow his instructions. The teller obeyed and Spi-ers left the bank with a total of $6,800. On May 25, 1989, Spiers entered a Hudson City Savings Bank branch, also in Newark, New Jersey. This time he included a small bullet with the note he slipped the teller. The note read “[p]ass me all your $50 or I am gonna shoot everyone here quick.” (PSR ¶23). Spiers walked away from this robbery with $1,163.

Spiers then made his way to Pennsylvania, where he robbed the Dauphin Deposit Bank in Harrisburg. This robbery began on the evening of May 2, 1991, when Spiers tested the bank’s perimeter security system. When there was no response, he broke a window, entered the bank and laid in wait until morning. When the first employee entered, Spiers put a gun to her head and commanded her to open the bank’s vault. When she said that she was unable, he made her sit at a desk while training his gun upon her. He then told her that “[i]f you make a move you can forget it cause I "will kill you.” (PSR ¶ 13). While they waited for other employees to arrive, Spiers questioned her about the bank’s alarm system and the contents of the vault.

After the second employee arrived, Spiers grabbed her from behind and placed both employees in the bank’s ladies room. The second employee informed him that the alarm would be shut off at 7:30 a.m. (PSR ¶ 14). A third employee arrived, and Spiers placed him in the ladies room with the others as well. When the fourth employee entered and Spiers confronted her, she screamed. Spiers then asked her when the vault would be open; she answered that it would be open at 7:40 a.m. Since this was inconsistent with the other employee’s answer (7:30 a.m.), Spiers stated “I guess we’re going to have to play Russian Roulette.” (PSR ¶ 16). He then proceeded to hold his gun to the back of each employee’s head asking them when the vault would be open. They all responded 7:30 a.m.

When 7:30 a.m. arrived, Spiers had the employees shut off the alarm, open the vault, and fill two bags with the money from the vault. After the bags were filled, he forced the employees into a small bathroom. When a fifth employee entered, he forced her into *1276 the bathroom as well. Spiers then blocked the door and sprayed the room with mace. Spiers left the bank with a total of $225,550.

A few months later, October 2, 1991, Spi-ers was found ransacking a room at the Masters Inn in Little Rock, Arkansas. Spi-ers had signed-in under the name “Keith Whitfield.” When a desk clerk asked him to leave, Spiers became angry and began arguing with the clerk. The security officer, an off-duty police officer, arrived and identified himself. The officer then ordered Spiers to “put [his] hands up.” In response, Spiers brandished a 9mm semi-automatic pistol. (PSR Addendum II ¶ 2A). During the ensuing struggle, Spiers pointed the gun at the clerk as well. When Spiers eventually overpowered the officer, he cocked the gun and placed it to the officer’s chest telling him to back up or he would shoot. (PSR Addendum II ¶ 2A). After demanding the officer’s gun, he fled. Later that day, the police found an abandoned 1983 Oldsmobile in a local park. A search of the ear uncovered a 9mm semiautomatic pistol, crack cocaine, and a wallet with identification in the name of Keith Whitfield.

One month later, Arkansas police spotted Spiers driving a 1990 Chevrolet that matched the description of a ear stolen in Little Rock. When they attempted to stop Spiers, a chase ensued. During the chase, Spiers pulled off the road to hide in an equipment shed. When police officers attempted to block his exit, Spiers rammed the police officers’ vehicle. The officers then ordered him to desist and surrender. Spiers once again rammed their vehicle. The officers then disabled Spi-ers’ vehicle by firing into the tires, and Spi-ers surrendered. During his arrest, Spiers identified himself as Keith Whitfield. (PSR Addendum II ¶ 2B).

While being transported from a county jail to a local hospital for a medical evaluation and treatment, Spiers attempted an escape. Spiers overpowered his custodial officer in the hallway of the medical facility, and took her service revolver. He then pointed the gun at her demanding the keys to her police car. When she attempted to stall for time, Spiers fired a shot above her head. He then searched her and found the keys to his ankle cuffs. Spiers then ordered her to give him her gun belt, radio, and raincoat, and the officer complied. (PSR Addendum II ¶ 3A).

Fleeing from the hospital, Spiers encountered a man and woman getting out of a 1967 Ford. Using the officer’s gun, Spiers stole their vehicle and sped away. He eventually crashed the car and fled on foot. (PSR Addendum II ¶ 3B). Spiers then broke into a two-story brick house where he held the occupants of the house, a husband and wife, hostage. Using the stolen police radio, Spi-ers told the police that he was actually holding four hostages, and demanded that he be able to speak to a Linda Jackson and a Gerald McNair. (PSR Addendum II ¶30). After approximately three hours, Spiers surrendered.

Spiers was subsequently convicted in Arkansas of battery, robbery, escape, theft of property (two counts), burglary, and kidnapping. (PSR ¶ 63).

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Cite This Page — Counsel Stack

Bluebook (online)
82 F.3d 1274, 1996 U.S. App. LEXIS 10091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-paul-jerome-spiers-ca3-1996.