United States v. Simpson

251 F. App'x 780
CourtCourt of Appeals for the Third Circuit
DecidedOctober 23, 2007
DocketNo. 06-3487
StatusPublished

This text of 251 F. App'x 780 (United States v. Simpson) 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. Simpson, 251 F. App'x 780 (3d Cir. 2007).

Opinion

OPINION

ALDISERT, Circuit Judge.

The issue presented in this appeal is whether the United States District Court for the Middle District of Pennsylvania erred in sentencing Appellant Donald E. Simpson. Simpson was convicted of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). In a previous appeal to this Court, we affirmed Simpson’s conviction but remanded for re-sentencing pursuant to the teachings of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). At the resentencing hearing, the District Court sentenced Simpson to 96 months of imprisonment. Simpson now contends that the District Court imposed this sentence without performing a meaningful consideration of the 18 U.S.C. § 3553(a) factors. Simpson also contends that his sentence is unreasonable within the meaning of Booker. We will affirm.

I.

The parties are familiar with the facts and proceedings before the District Court, so we will only briefly revisit them here. On May 7, 2004, Harrisburg, Pennsylvania police officers arrested Simpson after a struggle at a local housing project. Simpson was ultimately charged with possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1), and a jury convicted Simpson of the charge. At his initial sentencing, several family members testified on Simpson’s behalf, and the District Court imposed a sentence that included 108 months of imprisonment. [782]*782Simpson appealed this conviction and sentence. This Court upheld the conviction but remanded the case for resentencing in light of Booker.

Again at his resentencing, Simpson’s mother, grandmother, stepfather, fiancée and pastor testified on his behalf. All of these witnesses testified to Simpson’s good character, noting that he was a good and responsible person who had loving relationships with his friends and family. Also, Simpson testified to his post-incarceration rehabilitation, including completing Spanish and paralegal courses and serving as a tutor in the prison’s GED program.

Defense counsel then asked the District Court to consider a sentence lower than the one previously imposed. Considering all of the testimony presented at the re-sentencing hearing, the District Court sentenced Simpson to 96 months of imprisonment, 12 months less than his original sentence.

II.

Generally, “a court of appeals gives deference to a district court’s sentencing determinations and thus reviews sentences on an abuse of discretion basis.” United States v. Lloyd, 469 F.3d 319, 321 (3d Cir.2006). When a defendant fails to raise an objection to the sentence before the district court, however, our review of the sentence is for plain error. Id. (“Nevertheless, insofar as [the defendant] is advancing contentions that he did not preserve in the district court, our review is confined by the exacting plain error standards.”). Before us, Simpson complains that the District Court imposed a sentence without explicitly articulating a meaningful consideration of the § 3553(a) factors, making the sentence unreasonable. Appellant’s Br. at 2. Because his arguments made to this Court were not raised before the District Court, see app. 44-48, we will review them for plain error.

To succeed under the plain error standard, Simpson bears the burden of showing that: “(1) an error was committed; (2) the error was plain, that is, clear and obvious; and (3) the error affected the defendant’s substantial rights[,] ... [and] [i]n cases where the first three elements are satisfied, an appellate court may exercise its discretion to order such a correction only if the error, ‘seriously affects the fairness, integrity, or public reputation of judicial proceedings.’ ” United States v. Dixon, 308 F.3d 229, 234 (3d Cir.2002) (citations and quotations omitted). An error affects substantial rights if the error was prejudicial to the defendant and “affected the outcome of the district court proceedings.” United States v. Olano, 507 U.S. 725, 732, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993).

III.

Simpson first contends that the District Court erred by failing to meaningfully consider the factors relevant to sentencing, as articulated in 18 U.S.C. § 3553(a),1 and by [783]*783failing to specifically list its reasons for imposing the particular sentence in accordance with 18 U.S.C. § 3553(c).

A.

This Court has previously considered a similar claim of failure to consider the appropriate § 3553(a) factors, and the legal precept applicable to Simpson’s claim is settled. In United States v. Cooper, 437 F.3d 324 (3d Cir.2006), we stated:

The record must demonstrate that the court gave meaningful consideration to the § 3553(a) factors. The court need not discuss every argument made by a litigant if an argument is clearly without merit. Nor must a court 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.

Id. at 329 (internal citations omitted). Nothing in the teachings of Booker or elsewhere requires a district court to state on the record that it has explicitly considered each of the § 3553(a) factors or to explicitly record its consideration of each factor. Id.

In the case at bar, the Court articulated the following reasons for the sentence it was about to impose:

Thank you. This is a difficult case for the Court as well as everybody else because I think I’m dealing with two different people here, a person who the family presents — I, by the way, got a letter from your aunt and uncle in Florida, I think, which is very favorable, of course.
And then I look at the history, and Donald has been involved with guns on at least two occasions, this one that brought this about and the voluntary [784]*784manslaughter conviction that occurred back in the '90[ ]s sometime. And I’m very surprised after that experience, that in 2003, I guess it was, at 4:00 in the morning, Donald is out on the street with another gun resisting the police and so forth and so on.
So, you know, it’s just hard for me to understand how someone who is presented to me by his family can be doing the things he has done. I’m going to take you at your word, Donald, that you are going to change and that you are going to be a better person when you come out of prison. I reflect what [the prosecutor] has said.

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

Related

United States v. Olano
507 U.S. 725 (Supreme Court, 1993)
United States v. Booker
543 U.S. 220 (Supreme Court, 2004)
United States v. Navedo-Concepcion
450 F.3d 54 (First Circuit, 2006)
United States v. Dante Dixon
308 F.3d 229 (Third Circuit, 2002)
United States v. Lydia Cooper
437 F.3d 324 (Third Circuit, 2006)
United States v. Shalon Dragon
471 F.3d 501 (Third Circuit, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
251 F. App'x 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-simpson-ca3-2007.