United States v. Vaught

133 F. App'x 229
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 23, 2005
Docket03-5947
StatusUnpublished
Cited by11 cases

This text of 133 F. App'x 229 (United States v. Vaught) 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. Vaught, 133 F. App'x 229 (6th Cir. 2005).

Opinions

RUSSELL, District Judge.

Defendant-Appellant Bentley Vaught (“Vaught”) appeals from a sentence imposed pursuant to Vaught’s guilty plea for illegally possessing a firearm. Vaught challenges the district court’s (i) denial of a motion to recuse or disqualify; (ii) application of an attempted murder sentence enhancement; (iii) application of a four-level enhancement for obstruction of justice; (iv) upward departure based on Vaught’s criminal history and likelihood of recidivism; (v) imposition of a five-year term of supervised release; (vi) imposition of a special condition upon Vaught’s supervised release involving placement in a custodial mental health facility; and (vii) denial of Vaught’s right to allocute during the sentencing hearing.

BACKGROUND

The April 22, 2001 incident leading to Vaught’s arrest involved a dispute between Vaught and his sister, Carol Hollins, about the care of their elderly mother. Vaught entered the apartment where he and his mother lived and found Carol talking to their mother in the kitchen. The two argued, and Vaught pushed Carol into the kitchen table. He then threatened Carol, saying that if she ever put their mother into a nursing home, he would kill her. Carol left the apartment and went home; later that day, she received a frantic phone call from her mother warning her that Vaught was on the way to kill her and that [232]*232he had a gun. Carol left the house and called 911, after which a police officer escorted her back to her house so she could prepare to go to the police station. While she was inside the house, the officers saw Vaught drive by the house, stopped and searched him, and, after finding the handgun in his pocket along with 6-8 rounds of ammunition, arrested him.

On August 9, 2001, Vaught was indicted for violating 18 U.S.C. § 922(g)(1), which prohibits convicted felons from possessing firearms. On October 26, 2001, Vaught pled guilty to that charge before District Judge Trauger, to whom the case was assigned, without entering into a plea agreement. On February 7, 2002, Judge Trauger issued an order recusing herself and the case was reassigned to Judge Haynes. The sentencing hearing began on February 8, 2002 and was then continued until April 5, 2002. When the hearing recommenced, Vaught waived his right to be present in the courtroom until the district court was ready to impose the sentence. At this hearing, the district court heard testimony from government witnesses and informed the parties that it was considering an upward departure pursuant to USSG § 4A1.3. Judge Haynes then continued the sentencing hearing in order to give the parties the opportunity to prepare to argue the issue. In July 2002, Vaught filed a Motion for Disqualification requesting that a judge from outside the Middle District of Tennessee be assigned; the district court denied this motion without opinion.

The sentencing hearing resumed on June 13, 2003, and the parties presented their arguments about which guideline provision applied to the case. The district court applied USSG § 2A2.1(a)(l) (the guideline provision for attempted murder), which provided a base offense level of 28; the district court then departed downward three levels for acceptance of responsibility. Judge Haynes then added a two-level enhancement for each of two instances of witness intimidation pursuant to USSG § 3C1.1 and also departed upwards by two offense levels (for a total base level of 31) based on a finding that the offense level of 29 did not reflect Vaught’s likelihood of recidivism. The total offense level of 31, combined with Vaught’s criminal history category of I, yielded a sentencing range of 108-135 months; Judge Haynes sentenced the defendant to 108 months in prison to be immediately followed by five years of supervised release, with special conditions to include custodial arrangements at a mental health facility.

ANALYSIS

A. Motion for Disqualification

Vaught argues that the district court improperly denied his Motion for Disqualification of Judges from Middle District of Tennessee. We review a district court’s denial of a 28 U.S.C. § 455(a) motion to disqualify for abuse of discretion. United States v. Sammons, 918 F.2d 592, 599 (6th Cir.1990). Under that statute, a judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). We have defined this to mean that “a judge must recuse himself if a reasonable, objective person, knowing all of the circumstances, would have questioned the judge’s impartiality.” Hughes v. United States, 899 F.2d 1495, 1501 (6th Cir.1990). Vaught based his motion to disqualify on the fact that John Hollins, Sr., husband of Vaught’s sister Carol, was a prominent attorney in the Nashville area, past president of the Nashville Bar Association, and a member of various other professional organizations. In United States v. Dandy, we held that a judge who was acquainted with a government witness [233]*233did not err by denying a motion for recusal. 998 F.2d 1344, 1349 (6th Cir.1993). Similarly, there is no evidence in this case that the judge’s acquaintance with John Hollins, no matter how long-standing, extended beyond that level in any way that requires recusal (i.e., that their relationship was personal or fiduciary). See also United States v. Lovaglia, 954 F.2d 811 (2nd Cir.1992) (holding recusal not required where case involved a family whom district judge had known personally seven or eight years earlier); United States v. Cole, 293 F.3d 153, 164 (4th Cir.2002) (holding no abuse of discretion where judge had personal relationship with government witnesses but had not had contact with them for over ten years).

B. Sentencing under USSG § 2A2.1 (Attempted Murder)

Vaught argues that the district court erred in sentencing him under the USSG for attempted murder. We review a district court’s application of the sentencing guidelines de novo. United States v. Hicks, 4 F.3d 1358, 1361 (6th Cir.1993). A district court’s factual findings, however, are reviewed for clear error. Rogers v. Howes, 144 F.3d 990, 992 (6th Cir.1998); United States v. Quigley, 382 F.3d 617, 621 (6th Cir.2004). Here, the district court sentenced the defendant under USSG § 2A2.1, the guideline for attempted murder, based on the Guidelines’ cross-reference provision, USSG § 2X1.1, which provides: “[w]hen attempt, solicitation, or conspiracy is expressly covered by another offense guideline section, apply that guideline section.” The district court applied USSG § 2K2.1(c)(l)(A), which directs the sentencing court as follows: “[i]f the defendant used or possessed any firearm or ammunition in connection with the commission or attempted commission of another offense ...

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Bluebook (online)
133 F. App'x 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vaught-ca6-2005.