United States v. William Frazier

462 F. App'x 195
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 22, 2012
Docket09-3359
StatusUnpublished

This text of 462 F. App'x 195 (United States v. William Frazier) 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. William Frazier, 462 F. App'x 195 (3d Cir. 2012).

Opinion

OPINION

GARTH, Circuit Judge.

After a jury trial, Appellant William Frazier was convicted of thirty counts of bank fraud and aiding and abetting. The District Court imposed a sentence of ninety-six months, and Frazier now appeals. For the reasons that follow, we will affirm Frazier’s conviction and sentence.

I.

We write principally for the benefit of the parties and recite only the facts essential to our disposition.

Four individuals who all pled guilty to bank fraud testified in a jury trial that Frazier operated a check cashing scheme involving each of them. According to their testimony, Frazier would provide them with counterfeit checks, drive the others to banks to cash them, and then divide the proceeds from cashing the fraudulent checks. On some occasions, when Frazier drove the witnesses to the bank, another individual, identified as “Tone,” would also be in the car, along with maps of bank locations. The witnesses also testified that Frazier took their personal information, which he used to ensure that the information on the checks would match the witnesses’ identification. On the basis of this testimony, the jury convicted Frazier of 30 counts of bank fraud and aiding and abet *197 ting in violation of 18 U.S.C. § 1344 and 18 U.S.C. § 2.

On July 30, 2009, the District Court held a sentencing hearing. The District Court assessed a four-level enhancement under Sentencing Guideline 3Bl.l(a) for Frazier’s role as “an organizer or leader of a criminal activity that involved five or more participants” and a three-point enhancement under Sentencing Guideline 4A1.2 for Frazier having been sentenced to a term “of imprisonment exceeding one year and one month ... within fifteen years of [Frazier’s] commencement of the instant offense.” The District Court concluded that Frazier’s offense level was seventeen and that his offender score was VI. Under that level and score, the guideline sentence range was fifty-one to sixty-three months. Having previously given proper notice that an upward variance might be considered, the Court imposed a sentence of ninety-six months, with that sentence being imposed concurrently on each of the 30 counts for which Frazier was convicted. Frazier was also fined $40,000, subjected to a special assessment of $3,000, and ordered to pay $32,241.34 in restitution. Frazier timely appealed.

II.

We have jurisdiction over Frazier’s appeal of his conviction pursuant to 28 U.S.C. § 1291, and jurisdiction over his appeal of his sentence pursuant to 18 U.S.C. § 3742. In considering a claim of insufficient evidence to support a conviction, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

Our review of a District Court’s decisions pertaining to adjustments under the Sentencing Guidelines depends on the nature of the District Court’s decisions. “Where the decision is grounded on an essentially factual basis, we defer to the district court’s findings and reverse only for clear error. However, if the alleged error is legal, the issue should be reviewed de novo.” U.S. v. Bierley, 922 F.2d 1061, 1064 (3d Cir.1990).

We review “the procedural and substantive reasonableness of a district court’s sentence ... for ’abuse of discretion.” United States v. Young, 634 F.3d 233, 237 (3d Cir.2011) (quoting U.S. v. Doe, 617 F.3d 766, 769 (3d Cir.2010)). For a sentence to be proeedurally reasonable, “the sentencing court must give rational and meaningful consideration to the relevant § 3553(a) factors.” Id. Further, a sentence is proeedurally unreasonable if the sentencing authority fails “to adequately explain the chosen sentence-including an explanation for any deviation from the Guidelines range.” Gall v. U.S., 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). “Substantive reasonableness inquires into whether the final sentence, wherever it may lie within the permissible statutory range, was premised upon appropriate and judicious consideration of the relevant factors.” Young, supra, 634 F.3d at 237.

III.

On appeal, Frazier claims that: 1) the evidence introduced at trial was insufficient to sustain his conviction; 2) he is entitled to a remand for a new sentencing hearing on the basis of the District Court’s four-level enhancement under Sentencing Guideline 3Bl.l(a); and 3) his sentence was unreasonable. We will address each of these contentions in turn.

Frazier first contends that there was insufficient evidence to sustain his conviction. Specifically, Frazier argues that the witnesses who constituted the *198 crux of the government’s case all had self-serving reasons to testify, as they were all themselves involved in the criminal enterprise. Frazier therefore argues that their testimony is unreliable, especially insofar as it was uncorroborated by external evidence. We disagree. This court has expressly stated that “uncorroborated accomplice testimony may constitutionally provide the exclusive basis for a criminal conviction.” United States v. De Larosa, 450 F.2d 1057, 1060 (3d Cir.1971). Where, as here, the testimony of the accomplices was, if credited, sufficient to establish the defendant’s guilt, we conclude that a “rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, supra, 443 U.S. at 319, 99 S.Ct. 2781. Accordingly, Frazier’s conviction was supported by sufficient evidence, and should be affirmed.

Frazier next claims that he is entitled to a new sentencing hearing because the District Court improperly imposed a four-level sentencing enhancement on the basis of his status as a “leader of a criminal activity that involved five or more participants.” Frazier argues that Tone should not be counted as a “participant” in the criminal activity for which Frazier was convicted. Assuming that Tone does not qualify as a participant, Frazier argues, the criminal activity involved only the four witnesses and Frazier himself. Frazier claims that the District Court improperly included Frazier when counting the participants in the criminal activity, and that if he were not included, there would only be four participants, rendering the application of Sentencing Guideline 3Bl.l(a) improper.

Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Solem v. Helm
463 U.S. 277 (Supreme Court, 1983)
Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
United States v. Doe
617 F.3d 766 (Third Circuit, 2010)
United States v. Young
634 F.3d 233 (Third Circuit, 2011)
United States v. Jack W. Bierley
922 F.2d 1061 (Third Circuit, 1990)
United States v. Tomko
562 F.3d 558 (Third Circuit, 2009)
United States v. De Larosa
450 F.2d 1057 (Third Circuit, 1971)
United States v. Rosenberg
806 F.2d 1169 (Third Circuit, 1986)

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Bluebook (online)
462 F. App'x 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-william-frazier-ca3-2012.