United States v. Washington

385 F. App'x 570
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 12, 2010
DocketNo. 09-2602
StatusPublished

This text of 385 F. App'x 570 (United States v. Washington) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Washington, 385 F. App'x 570 (7th Cir. 2010).

Opinion

ORDER

Fanny Washington was 64 when a jury found her guilty on 17 counts of wire fraud, 18 U.S.C. § 1343, and 7 counts of presenting false claims to the Internal Revenue Service, id. § 287. The district court sentenced her to a total of 41 months’ imprisonment and ordered restitution. Washington had sought home confinement. On appeal she argues that the district court’s explanation for her prison sentence is inadequate to demonstrate that the court gave adequate consideration to her “advanced age” and medical history, which Washington characterizes as her “principal arguments” at sentencing. But she overstates the case she made to the district court, and we affirm.

I.

Washington worked for a tax-preparation service based in the lobby of a Chicago currency exchange. She met with clients, prepared their tax returns, and helped seniors and persons with disabilities complete applications for state financial assistance. Washington stole the identities of 11 clients, filed false federal income tax returns in their names for tax years 2000 through 2003, and cashed $49,223 in refund checks. She likewise filed false returns for herself and her husband for tax years 2000 through 2004, claiming another $29,975 in refunds.

Washington also defrauded the Social Security Administration. She was the “representative payee” — a third party who receives benefits on behalf of a recipient, usually due to incapacity, see 42 U.S.C. § 405(j) — for an elderly man with schizophrenia. After he died in 1988, Washington deposited his benefit checks directly into her bank account for 14 years until she was confronted by an agent from the Social Security Administration. She converted a total of $83,639 in benefits.

In the presentence investigation report, the probation officer reported that Washington expressed displeasure with her trial and its outcome. She complained that many persons commit these same crimes but are not caught or prosecuted, and she stated that she did not profit from her criminal activity as much as others. The probation officer also documented Washington’s medical record: heart attacks in 1990 and 1997; a history of lupus, hyper[572]*572tension, angina, heart disease, high cholesterol, cataracts, and glaucoma; and Stickler syndrome (an inherited disorder that causes eye problems, altered facial features, hearing difficulty, and joint pain, see Mayo Clinic, Stickler Syndrome, http:// www.mayoclinie.com/health/stickler-syndrome/DS00831 (last visited July 7, 2010)). The probation officer assumed that Washington’s health was a mitigating factor but concluded that it was the only such factor and did not outweigh the scope of her criminal conduct, her refusal to admit responsibility, and the prolonged duration of her fraud against the Social Security Administration.

The day before Washington’s sentencing hearing, her lawyer filed a 4-page memorandum seeking a sentence of 3 years’ probation with a year of that in home confinement. According to counsel, this alternative to prison was necessary due to Washington’s “substantial medical needs, lack of criminal history, and family obligations.” Washington’s memo recites— without elaboration and almost verbatim— the probation officer’s description of her medical problems. Her age is not identified as a mitigating factor.

At the sentencing hearing, the district court calculated a guidelines imprisonment range of 33 to 41 months, which is not disputed. The court then invited allocution from defense counsel, who started to discuss Washington’s sentencing memorandum. The judge interrupted and said he was unaware of the memo. A copy was tendered, the court asked for a moment, and then there was a brief pause. When counsel resumed, he alluded to the memo and proceeded to “highlight” Washington’s medical history. Counsel asserted that Washington’s “significant and serious medical history and her physical condition” was “the central issue” but did not elaborate. Age was not mentioned as a mitigating factor. The prosecutor replied that Washington’s health was stable despite previous heart and eye surgery. The prosecutor added — without contradiction from Washington — that her ailments could be effectively treated at a Bureau of Prisons medical facility.

The district court concluded that a prison sentence at the high end of the range was essential “for deterrence, specific deterrence” since Washington had not accepted responsibility and claimed ignorance about why she was prosecuted. After the court announced the sentence, Washington’s counsel asked that her surrender date be delayed so that she could continue seeing her cardiologist. The district court declined but permitted Washington to renew her motion if she could produce medical documentation substantiating the need for delay. Washington never did.

II.

Washington does not dispute the calculation of the guidelines imprisonment range. She essentially makes one argument on appeal: that the district court’s explanation for imposing a 41-month sentence fails to demonstrate that the court considered the pertinent factors under 18 U.S.C. § 3553(a). According to appellate counsel, the district court did not at any point “explicitly recognize that it had specifically considered any of the factors under § 3553” and was silent “regarding Washington’s medical history and advanced age.” We review the substance of a sentence only for reasonableness, but examine the manner in which it was imposed under a nondeferential standard. United States v. Zohfeld, 595 F.3d 740, 743 (7th Cir.2010); United States v. Villegas-Miranda, 579 F.3d 798, 801 (7th Cir.2009).

A sentencing court need not mention each of the § 3553(a) factors, especially when the sentence is within the guidelines [573]*573range. United States v. Coopman, 602 F.3d 814, 819 (7th Cir.2010); United States v. Moreno-Padilla, 602 F.3d 802, 811 (7th Cir.2010). Rather, the court must give the reasons for its choice of sentence and address the defendant’s principal arguments, but need not address weak or stock arguments. United States v. Christiansen, 594 F.3d 571, 577 (7th Cir.2010); Villegas-Miranda, 579 F.3d at 801; United States v. White, 582 F.3d 787, 798 (7th Cir.2009), cert. denied, - U.S. -, 130 S.Ct. 1542, 176 L.Ed.2d 136 (2010); United States v. Tahzib, 513 F.3d 692, 695 (7th Cir.2008); United States v. Cunningham, 429 F.3d 673, 679 (7th Cir.2005).

Washington contends that her age and medical history were significant mitigating factors, and that the district court’s failure to explicitly mention either suggests that the court did not consider the § 3553(a) factors.

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Bluebook (online)
385 F. App'x 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-washington-ca7-2010.