U.S. v. Williams

Decision Date30 January 2007
Docket NumberDocket No. 05-4928-cr(L).,Docket No. 05-4956-cr(Con).
PartiesUNITED STATES of America, Appellee, v. Art WILLIAMS, Roland Onaghinor, Defendants-Appellants.
CourtU.S. Court of Appeals — Second Circuit

Mark D. Hosken, Assistant Federal Defender, Western District of New York (Jay S. Ovsiovich, of counsel), Rochester, NY, for Defendant-Appellant Art Williams.

Peter F. Langrock, Langrock Sperry & Wool, LLP, Middlebury, VT, for Defendant-Appellant Roland Onaghinor.

Frank H. Sherman, Assistant United States Attorney (Terrance P. Flynn, United States Attorney, on the brief), United States Attorney's Office for the Western District of New York, Rochester, NY, for Appellee.

Before: WINTER and CABRANES, Circuit Judges, and KORMAN, Chief District Judge.*

JOSÉ A. CABRANES, Circuit Judge:

This appeal arises out of a decision of the United States District Court for the Western District of New York (David G. Larimer, Judge), on a remand pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir.2005). On the Crosby remand, the District Court declined to order resentencing of two co-defendants who had been convicted of crimes arising out of their participation in a heroin trafficking conspiracy and who were sentenced to substantial terms of imprisonment.

On appeal, defendant Art Williams argues that the District Court used the wrong legal standard when determining whether to resentence him pursuant to Crosby, and that his 216-month sentence was unreasonable under the standard of appellate review set forth in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) ("Booker/Fanfan"). With respect to Williams's co-defendant, Roland Onaghinor, who had been indicted and convicted along with Williams, Onaghinor's counsel has submitted a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), alleging that there are no non-frivolous grounds on which to appeal and asking to be relieved as counsel. The Government has filed a motion for summary affirmance as to Onaghinor. While Onaghinor's appeal was pending, he completed service of his term of imprisonment and was deported.

The parties' submissions require us to consider the scope of our review of a district court's decision not to resentence pursuant to Crosby. We conclude that we retain authority to review for reasonableness both the procedure whereby the District Court decided not to resentence and the substance of the undisturbed sentence. We clarify, however, that the law of the case doctrine forecloses reconsideration of issues that were decided—or that could have been decided—during prior proceedings.

In the matter of defendant Williams, we find no reversible error in the District Court's proceedings on the Crosby remand, and we conclude that the sentence imposed on Williams by the District Court was reasonable. We dismiss the appeal of Williams's co-defendant Onaghinor as moot.

BACKGROUND
I. Facts and Procedural History1

In November 2001, defendants Art Williams and Roland Onaghinor were convicted by a jury for their participation in a conspiracy to possess with intent to distribute, and to distribute, one kilogram or more of heroin, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. Defendant Williams was also convicted of thirteen counts of using a communication facility (the U.S. Mail) in committing, or in causing or facilitating the commission of, the heroin trafficking conspiracy, in violation of 21 U.S.C. § 843(b) and 18 U.S.C. § 2.

At their sentencings, which were conducted under the then-mandatory Sentencing Guidelines regime governing federal sentencing, the District Court made a number of rulings favorable to both Williams and Onaghinor, the net result of which was to reduce substantially the Guidelines range applicable to their offenses. For example, the District Court held that Williams could only be held responsible for conspiring to distribute between 700 grams and 1 kilogram of heroin, despite a jury finding that he was responsible for conspiring to distribute over 1 kilogram of heroin. This ruling, along with other favorable findings by the District Court, reduced Williams's potential sentence for the heroin trafficking conspiracy conviction from a mandatory sentence of life imprisonment without parole, see 21 U.S.C. § 841(b)(1)(A),2 to a Guidelines range of 188 to 235 months. The District Court also affirmed, over the Government's objection, a jury finding that Onaghinor could not be held responsible for conspiring to distribute more than 100 grams of heroin. The District Court did, however, impose a two-level enhancement for obstruction of justice pursuant to U.S. Sentencing Guidelines Manual ("U.S.S.G.") § 3C1.1 on both Williams and Onaghinor, and a three-level enhancement on Williams for his role in the offense pursuant to U.S.S.G. § 3B1.1(b).

The District Court sentenced Williams on March 5, 2003 to a term of imprisonment of 216 months on the heroin trafficking conspiracy count, and a term of imprisonment of 48 months on each of the remaining counts, each term of imprisonment to run concurrently with the others. He was also sentenced to three years of supervised release, a fine of $3,000 on count one, and a special assessment of $1,400. Onaghinor was sentenced on May 16, 2002 to a term of imprisonment of 78 months, a period of supervised release of three years, and a $100 special assessment.

On appeal, we affirmed defendants' convictions and rejected Williams's challenge to the District Court's imposition of the two-level obstruction of justice enhancement, see Peterson, 385 F.3d at 139-43, but held the mandate pending the decision of the Supreme Court in Booker/Fanfan, see id. at 143. Defendants did not challenge any of the District Court's other sentencing rulings on appeal, although Williams filed a supplemental brief challenging the imposition of the three-level role enhancement after his case was briefed and argued. See id. After the Supreme Court issued its decision in Booker/Fanfan, we remanded the cause to the District Court pursuant to our decision in Crosby for a determination of whether to resentence defendants. See Crosby, 397 F.3d at 117-20.

On remand, Williams asked the District Court to "reconsider . . . the application" of the Guidelines enhancements that it had imposed on him for obstruction of justice and his role in the offense. While Williams's sentencing memorandum sought to convince the District Court that Williams had not obstructed justice, it did not argue that any of the sentencing factors set forth in 18 U.S.C. § 3553(a) and given renewed vitality by Booker/Fanfan, see Crosby, 397 F.3d at 113 (discussing district court's obligation to "consider the Guidelines and all of the other factors listed in section 3553(a)" when imposing sentence after Booker/Fanfan), would support imposition of a non-Guidelines sentence.3 Onaghinor's sentencing memorandum on remand also challenged the District Court's previous imposition of the obstruction of justice enhancement, but offered no rationale for resentencing based on the § 3553(a) factors.

II. The District Court's Decision

In a published Decision and Order dated August 24, 2005, the District Court declined to resentence either defendant. See United States v. Williams, 383 F.Supp.2d 426 (W.D.N.Y.2005). The District Court began its discussion of the issues before it by stating that it was familiar with Booker/Fanfan, Crosby, and the proceedings in defendants' cases; that it had reviewed the memoranda submitted by counsel for defendants; and that it had considered the sentencing factors listed in § 3553(a). See id. at 427. It then proceeded to reject Williams's renewed attempt to challenge the imposition of Guidelines enhancements for his role in the offense and for obstruction of justice. In the course of this discussion, the District Court stated:

I understand that the Sentencing Guidelines are now advisory and that the Court must consider them and impose a reasonable sentence after considering all the factors listed at 18 U.S.C. § 3553(a). If the sentencing were to occur today in light of the new sentencing regime in effect since the Booker Supreme Court case, I would make the same findings as to the Guidelines and impose the same sentence. . . .

In sum, I see no reason to order a resentencing in this case since if we were do so [sic], my sentence would be the same and would not be affected by the fact [that] the Sentencing Guidelines are now advisory and not mandatory.

Id. The District Court rejected Onaghinor's request for resentencing using similar language, concluding that "[w]hether the Guidelines were mandatory or advisory, it would make no difference in determining what the appropriate reasonable sentence should be. Therefore, I decline to resentence Roland Onaghinor and believe that the original sentence was proper and is a reasonable sentence under the Sentencing Guidelines and § 3553(a)." Id. at 428.

III. Arguments on Appeal and Subsequent Developments

Both defendants appealed the District Court's decision not to resentence pursuant to Crosby. Defendant Williams alleges on appeal that the District Court used the improper legal standard when determining whether to resentence, and that the sentence imposed by the District Court was unreasonable. Counsel for defendant Onaghinor moved to be relieved as counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), submitting a brief in which he asserted that there were no non-frivolous grounds on which to appeal. The Government moved for summary affirmance of Onaghinor's sentence.

On July 10, 2006, Onaghinor completed his sentence of imprisonment and commenced service of his term of supervised release. In response to our inquiry at oral argument into Onaghinor's whereabouts, the Government informed us by supplemental letter dated January 16, 2007,...

To continue reading

Request your trial
144 cases
  • U.S. v. Josephberg
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 9, 2009
    ... ...         District Court Memorandum and Order dated May 30, 2007, at 4. Our review of the record persuades us that there was no error in that decision ...         Finally, Josephberg's contention that the government made prejudicially improper ... Williams, 475 F.3d 468, 474 (2d Cir.2007), cert. denied, ___ U.S. ____, 128 S.Ct. 881, 169 L.Ed.2d 739 (2008); United States v. Brady, 417 F.3d 326, ... ...
  • Elliott v. Gen. Motors LLC (In re Motors Liquidation Co.)
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 13, 2016
    ... ... On appeal, several orders are before us. First, the Non-Ignition Switch Plaintiffs filed a motion, asserting, among other things, that the bankruptcy court lacked jurisdiction to enforce ... Williams , 475 F.3d 468, 478-9 (2d Cir. 2007). Page 66 A. Applicable Law The doctrine of equitable mootness allows appellate courts to dismiss bankruptcy ... ...
  • U.S. v. Cirilo-Munoz
    • United States
    • U.S. Court of Appeals — First Circuit
    • October 2, 2007
    ... ... But as these several appeals attest, such was not to be. Thus, Cirilo-Muñoz appears before us once more seeking justice, this time appealing from the twenty-seven year sentence imposed by the district court after its original draconian ...         Clearly, whether a sentence is "reasonable" is a mixed question of law and fact. See, e.g., United States v. Williams, 475 F.3d 468, 474 (2d Cir.2007). As such a sentence is subject to review under an abuse of discretion standard which is guided by what has been ... ...
  • Elliott v. Gen. Motors LLC (In re Motors Liquidation Co.)
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 13, 2016
    ... ... On appeal, several orders are before us. First, the NonIgnition Switch Plaintiffs filed a motion, asserting, among other things, that the bankruptcy court lacked jurisdiction to enforce the ... United States v. Williams , 475 F.3d 468, 4789 (2d Cir. 2007). A. Applicable Law The doctrine of equitable mootness allows appellate courts to dismiss bankruptcy appeals ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT