United States v. Raymond Harry Ward

447 F.3d 869, 2006 U.S. App. LEXIS 11764, 2006 WL 1302476
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 12, 2006
Docket05-5822
StatusPublished
Cited by13 cases

This text of 447 F.3d 869 (United States v. Raymond Harry Ward) 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. Raymond Harry Ward, 447 F.3d 869, 2006 U.S. App. LEXIS 11764, 2006 WL 1302476 (6th Cir. 2006).

Opinion

OPINION

KENNEDY, Circuit Judge.

A federal grand jury returned a two count indictment against Raymond Harry Ward (“defendant”). Joint Appendix (“J.A.”) at 6-7. He was charged in count one of the indictment with armed bank robbery, in violation of 18 U.S.C.A. § 2113(a), and in committing, or in attempting to commit, the offense by the use of a dangerous weapon or device, in violation of 18 U.S.C.A. § 2113(d). Id. at 6. In the second count of the indictment, defendant was charged with brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). Id. at 7. Pursuant to a plea agreement, defendant pled guilty to the first count of the indictment. Id. at 91. On appeal, defendant does not argue that the district court incorrectly calculated the UNITED STATES SENTENCING GUIDELINES MANUAL (“Guidelines”) range. Defendant, instead, argues that the district court treated the Guidelines as presumptively mandatory and that it did not properly consult the factors listed in 18 U.S.C. § 3553(a). Defendant also argues that his sentence is unreasonable. Defendant requests that this court vacate his sentence and remand for resentencing.

BACKGROUND

The district court calculated the Guidelines range as “recommendfing] a sentence of 188 to 235 months” imprisonment. Id. at 53. The district court sentenced defendant to a 220-month term of imprisonment to be served consecutively to a state court sentence currently being served by defendant, to a four year term of supervised release, and it ordered him to pay $12,196 in restitution to the bank he robbed, as well as a special assessment of $100. Id. at 54. In pronouncing sentence, the district court indicated that:

it’s clear that a large part, perhaps all, of your problems are caused by the fact that you began to use drugs in your teenage years and got into that deadly spiral .... However, I’ve got a responsibility to the citizens of the country to protect them from violent offenders. You have[,] if not the worst criminal record for a young man I’ve ever seen, one of the worst criminal records that I have ever seen. Now, it may be that these crimes of yours were driven by a substance abuse problem, but that doesn’t diminish the damage that’s caused to the citizens of this district and to your victims.

*871 Id. at 52. During sentencing, the district court also focused on the severity of the crimes of bank robbery and the use of a firearm in the commission of a felony. Id. at 52-53. It indicated that defendant’s substantial criminal background amassed in a short period of time weighed in its decision. Id. at 53. The district court also indicated that the sentence it imposed was not “the maximum because I’m convinced that the substance abuse problems that you’ve had contributed to these problems.” Id. at 54. Finally, after the district court pronounced sentence, it “reeommend[ed] that [defendant] be allowed to serve this at an institution where [he] can get treatment for [his] substance abuse.” Id. at 55.

ANALYSIS

The Supreme Court decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), made the Guidelines advisory. This circuit has held that a sentence that falls within the advisory Guidelines range is given “a rebuttable presumption of reasonableness.” United States v. Williams, 436 F.3d 706, 708 (6th Cir.2006). “This rebuttable presumption does not relieve the sentencing court of its obligation to explain to the parties and the reviewing court its reasons for imposing a particular sentence.” United States v. Richardson, 437 F.3d 550, 553-54 (6th Cir.2006). One of those obligations is the obligation to consider the factors listed in 18 U.S.C. § 3553(a) 1 in arriving at an appropriate sentence. See Williams, 436 F.3d at 708. A district court “need not recite these [§ 3553(a) ] factors but must articulate its reasoning in deciding to impose a sentence in order to allow for reasonable appellate review.” United States v. Kirby, 418 F.3d 621, 626 (6th Cir.2005). See also United States v. Foreman, 436 F.3d 638, 644 (6th Cir.2006) (‘Williams does not mean that a Guidelines sentence will be found reasonable in the absence of evidence in the record that the district court considered all of the relevant section 3553(a) factors.”). We do not require “explicit reference to the § 3553(a) factors in the imposition of identical alternative sentences.” United States v. Till, 434 F.3d 880, 887 (6th Cir.2006).

In this case, the district court treated the Guidelines as advisory. See J.A. at 53. The district court also provided sufficient indication of its consideration of the factors listed in 18 U.S.C. § 3553(a) *872 to give this court a sufficient basis to review the sentence for reasonableness. In particular, the district court balanced defendant’s drug history and the need for defendant to participate in a substance abuse program, pursuant to 18 U.S.C. § 3553(a)(2)(D), with the severity of his offense including the need to protect the public, pursuant to 18 U.S.C. § 3553(a)(2)(A), (B), and (C), and his history of criminal activity, pursuant to 18 U.S.C. § 3553(a)(1). The district court also investigated the kinds of sentences available, pursuant to 18 U.S.C. § 3553(a)(3), in light of the fact that it imposed restitution on defendant. Thus, in focusing on the need to protect society from violent criminals, discussing the seriousness of the crime, taking into account the relatively quick amount of time in which defendant had amassed an extensive criminal history, while considering as well defendant’s need for drug treatment, and by deciding to impose restitution on defendant, the district court took into account all of the relevant factors under 18 U.S.C.

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Bluebook (online)
447 F.3d 869, 2006 U.S. App. LEXIS 11764, 2006 WL 1302476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-raymond-harry-ward-ca6-2006.