U.S. v. Williams

Decision Date22 March 2006
Docket NumberDocket No. 05-0458 CR.
Citation443 F.3d 35
PartiesUNITED STATES of America, Appellee, v. Paul WILLIAMS, Defendant-Appellant.
CourtU.S. Court of Appeals — Second Circuit

Alphonzo Grant, Assistant United States Attorney, Brooklyn, New York (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Susan Corkery, Assistant United States Attorney, Brooklyn, New York, on the brief), for Appellee.

J. Bruce Maffeo, New York, New York, for Defendant-Appellant.

Before: KEARSE, MINER, and HALL, Circuit Judges.

KEARSE, Circuit Judge.

Defendant Paul Williams appeals from a judgment of the United States District Court for the Eastern District of New York, Allyne R. Ross, Judge, revoking his supervised release and sentencing him to a three-year term of imprisonment. The district court found that Williams had violated the terms of his supervised release by committing crimes in violation of New York State ("State") law and federal law. On appeal, Williams contends (1) that the district court improperly based its findings on unreliable hearsay, and (2) that the sentence imposed was unreasonably long and was based on consideration of a statutorily prohibited sentencing factor. Finding no merit in his contentions, we affirm.

I. BACKGROUND

In 1996, following a plea of guilty, Williams was convicted of armed robbery of a mail carrier in violation of 18 U.S.C. § 2114(a) and was sentenced to 78 months' imprisonment, to be followed by three years of supervised release. The conditions of release included the requirements that Williams abstain from drug use and attend a drug treatment program, that he not possess any firearms, and that he not commit any further federal or state crimes. Williams began serving his term of supervised release in June 2002.

A. The Charge of Supervised-Release Violation

On September 18, 2002, the United States Probation Department ("Probation" or "Probation Department") learned from the New York City Police Department ("NYPD") that Williams was a suspect in the September 17, 2002 shooting and robbery of one Samuel Donnell Ryan. Probation asked the district court to issue an emergency warrant for Williams's arrest for violation of the terms of his supervised release. It described the following information received from the NYPD:

On September 18, 2002, Detective Schmalenberger of the NYPD's 101 Precinct contacted the undersigned officer to advise that the releasee was a suspect in [a] case involving the Shooting & Robbery of a citizen. On September 17, 2002, NYPD Detectives interviewed the victim, Samuel Donnel [sic] Ryan (Ryan), in the emergency room of Jamaica Hospital. Ryan related that on the afternoon of September 17, 2002, he went to pick up his cousin from school. Upon arriving at the destination, Ryan observed a group of individuals standing in front of a nearby apartment building. One of the individuals of the aforementioned party called Ryan over to the group of individuals. Ryan acquiesced and proceeded toward the groups [sic] direction. Simultaneously, the releasee emerged from a nearby building carrying a 9 millimeter firearm and shot Ryan in the left leg. After Ryan fell to the ground, the releasee robbed Ryan of his necklace, which was latched around Ryan's neck. Further probing of Mr. Ryan revealed that the aforementioned may have resulted from an apparent fight that Ryan had with releasee over an unknown female. We have provided a copy of the detective's investigation report for Your Honor's perusal. NYPD is in the process of ascertaining the releasee's whereabouts in order to arrest him.

In light of the aforementioned, coupled with the releasee's history of violence, history of firearms possession and history of drug use, we deem him to be a serious threat to the community. Therefore, we respectfully recommend that Your Honor sign the attached Probation Form 12C, ordering the issuance of a warrant.

(Probation Department Request for a[n] Emergency Warrant, dated September 19, 2002 (emphasis in original).)

The Probation Department thereafter filed with the district court a formal Violation of Supervised Release Report dated September 28, 2002 ("Formal Violation Report" or "Formal Report"). After repeating the above information from the NYPD as to the events of September 17, 2002, the Formal Report described the probation officer's ensuing contacts with Ryan:

On September 20, 2002, the undersigned officer interviewed Ryan at Jamaica Hospital. In response to our inquiries, Ryan confirmed the manner in which the above-noted incident happened, however, he denied ever identifying his assailant or engaging in confrontation with the offender prior to the occurrence of the above-noted incident. Ryan also provided the attached written statement (see Exhibit 2 [referring to his assailant only as "someone" or an "individual"]).

During the evening of September 26, 2002, the undersigned officer received a telephone call from Ryan. At that time, Ryan advised that, contrary to his statements on September 20, 2002, he did identify the offender as his assailant during the above-noted incident. Ryan, however, maintained that a prior confrontation between he [sic] and the offender never happened. When asked why he failed to disclose this information during the previous interview, Ryan expressed that he felt vulnerable given his immobile state at Jamaica Hospital and feared that the offender would attempt to confront him at Jamaica Hospital if he (Ryan) provided any implicating information to law enforcement authorities.

(Formal Violation Report at 4-5 (emphases added).)

The Formal Report charged Williams principally with (1) robbery in the first degree in violation of state law, (2) assault in the second degree in violation of state law, and (3) possession of a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g). It also charged him with violating two conditions of supervised release relating to the use of controlled substances.

The Formal Report noted that the charges resulting from the events of September 17, 2002, were the third set of criminal charges brought against Williams. On November 1, 1994, Williams and an accomplice, armed with semi-automatic weapons, had taken $41,000 worth of United States Treasury and income tax refund checks from a postal carrier at gun point; Williams also fired his gun, although no one was injured. (See id. at 2). In addition,

on April 20, 1995, [Williams] was arrested for attempted Robbery .... Subsequently, on September 12, 1995, he was convicted upon a plea of guilty to Attempted Robbery and sentenced to three years custody. Notably, during the commission of the Attempted Robbery offense, the defendant displayed a firearm and struck the complainant over the head with an unspecified instrument.

(Id.) The Formal Report recommended that, "[d]ue to the offender's dangerous, recidivist criminal behavior," the court, "upon a finding of violation of supervised release" revoke Williams's term of supervised release and impose a sentence near the maximum permissible term of imprisonment. (Id. at 9.)

B. The State Proceedings

Williams was not captured until December 22, 2002, when he was arrested on unrelated charges of criminal trespass and robbery and gave his name as "Ronald Richardson." NYPD Detective Jimmy Schmalenberger reinterviewed Ryan the next day. Ryan stated that his assailant on September 17, 2002, was Williams; he confirmed that he was acquainted with Williams, with whom he had grown up and who lived across the street from him. (See Police Complaint Follow Up Report dated December 24, 2002, at 1-2.) Detective Schmalenberger showed Ryan a picture of "Ronald Richardson"; Ryan identified the person in the photograph as Williams.

Detective Schmalenberger swore out a complaint against Williams, recounting, on information and belief, the September 17, 2002 events as described by Ryan, in which Williams shot Ryan in the thigh and stole Ryan's necklace. Ryan signed a supporting affirmation, stating,

I, Samuel Donnell Ryan, have read the accusatory instrument filed in this action. The facts stated in that instrument to be on information furnished by me are true upon my personal knowledge.

(Ryan Affirmation dated December 23, 2002.) In January 2003, a State grand jury indicted Williams on nine counts. The indictment alleged, inter alia, that on or about September 17, 2002,

— Williams, "with intent to cause the death of a person, attempted to cause the death of Samuel Donnell Ryan" (Count 1);

— that Williams "forcibly stole certain property, to wit: personal property from Samuel Donnell Ryan, and in the course of the commission of the crime or of immediate flight therefrom, the defendant caused serious physical injury to Samuel Donnell Ryan who was not a participant in the crime" (Count 2);

— that Williams "forcibly stole certain property, to wit: personal property from Samuel Donnell Ryan, and in the course of the commission of the crime or of immediate flight therefrom, the defendant was armed with a deadly weapon, to wit: a firearm" (Count 3);

— that Williams, "with intent to cause serious physical injury to a person, caused such injury to Samuel Donnell Ryan by means of a deadly weapon" (Count 4); and

— that, "under circumstances evincing a depraved indifference to human life," Williams "recklessly engaged in conduct which created a grave risk of death to another person in that the defendant did aim and discharge a loaded weapon at and in the direction of another person" (Count 8).

(People v. Ronald Richardson, AKA Paul Williams, Indictment Counts 1, 2, 3, 4, and 8.)

On January 17, 2003, Detective Schmalenberger filed a report stating that Ryan had complained of receiving a threatening visit to his home by one Thyra Davis and her brother. Davis was Williams's girlfriend, and she offered Ryan money if he would not testify against Williams. When Ryan refused her...

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