800 F.3d 402 (7th Cir. 2015), 14-3460, United States v. Grzegorczyk

Docket Nº:14-3460
Citation:800 F.3d 402
Opinion Judge:Bauer, Circuit Judge.
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ZENON GRZEGORCZYK, Defendant-Appellant
Attorney:For UNITED STATES OF AMERICA, Plaintiff - Appellee: Tobara Richardson, Assistant U.S. Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Chicago, IL. For ZENON GRZEGORCZYK, Defendant - Appellant: Andrea Elizabeth Gambino, Attorney, GAMBINO & ASSOCIATES, Chicago, IL.
Judge Panel:Before BAUER, KANNE, and WILLIAMS, Circuit Judges.
Case Date:September 01, 2015
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 402

800 F.3d 402 (7th Cir. 2015)

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

ZENON GRZEGORCZYK, Defendant-Appellant

No. 14-3460

United States Court of Appeals, Seventh Circuit

September 1, 2015

Argued May 26, 2015.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 12 CR 320 -- Elaine E. Bucklo, Judge.

Page 403

For UNITED STATES OF AMERICA, Plaintiff - Appellee: Tobara Richardson, Assistant U.S. Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Chicago, IL.

For ZENON GRZEGORCZYK, Defendant - Appellant: Andrea Elizabeth Gambino, Attorney, GAMBINO & ASSOCIATES, Chicago, IL.

Before BAUER, KANNE, and WILLIAMS, Circuit Judges.

OPINION

Page 404

Bauer, Circuit Judge.

Defendant-appellant, Zenon Grzegorczyk, pleaded guilty to knowingly using a facility of interstate commerce with intent that a murder be committed, in violation of 18 U.S.C. § 1958(a), and to knowingly possessing a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(a)(1)(A). The district court sentenced Grzegorczyk to a within-Guidelines sentence of 151 months, plus 60 months' imprisonment to run consecutively, for a total sentence of 211 months' imprisonment. Grzegorczyk appeals his sentence, arguing that the district court (1) erred in refusing to apply § 2X1.1 of the United States Sentencing Commission Guidelines Manual to reduce his Guidelines calculation by 3 levels; (2) erred in failing to consider his mental health at the time of the offense; and (3) imposed a substantially unreasonable sentence. We affirm.

I. BACKGROUND

In April 2012, Grzegorczyk met with two undercover law enforcement officers posing as gun suppliers in order to procure firearms to ship to Poland. At some point during the conversation, Grzegorczyk asked the men to step outside, where he proceeded to tell them that he wanted to have killed certain individuals who he held responsible for his divorce and the loss of custody of his son. He explained that he would kill them himself, but that he needed an alibi. He also told the agents that another individual had offered to do the job for $2,000 per person, but that he didn't trust that person. The agents agreed to kill two individuals in exchange for $5,000 per person.

At the next meeting between the agents and Grzegorczyk, which took place a couple of weeks later, Grzegorczyk got into the agents' car and directed them toward the residences of his ex-wife and of two of his intended victims. He also showed the agents photographs of at least three individuals who he wanted killed, provided the agents with descriptions and license plate numbers of two of the intended victims' vehicles, and told the agents that he wanted the murders to be completed before a wedding in early June 2012, which the intended victims were expected to attend. He then confirmed the $5,000 price per person and noted that, since there could be no witnesses, the number of victims could change depending on who was present when the agents arrived to kill the victims.

On May 2, 2012, Grzegorczyk met the agents and presented them with several photographs of additional victims who he wanted murdered, explaining that he wanted a total of six people killed. He told the agents that he wanted...

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