905 F.2d 1137 (8th Cir. 1990), 89-2808, United States v. Boult

Docket Nº:89-2808.
Citation:905 F.2d 1137
Party Name:UNITED STATES of America, Appellee, v. Darnell Sydney BOULT, Appellant.
Case Date:June 05, 1990
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 1137

905 F.2d 1137 (8th Cir. 1990)

UNITED STATES of America, Appellee,

v.

Darnell Sydney BOULT, Appellant.

No. 89-2808.

United States Court of Appeals, Eighth Circuit

June 5, 1990

Submitted April 9, 1990.

Rehearing and Rehearing En Banc Denied July 10, 1990.

Page 1138

Scott E. Walter, St. Louis, Mo., for appellant.

David M. Rosen, St. Louis, Mo., for appellee.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and BRIGHT, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Darnell Boult appeals from the sentence imposed upon him after he pled guilty to a charge of wire fraud in violation of 18 U.S.C. Sec. 1343 (1988). He argues that the district court 1 erred by adding two levels to his total offense conduct level under United States Sentencing Guideline Section 3A1.1, relating to vulnerable victims. Boult contends that this determination was clearly erroneous and that Guideline Section 3A1.1 is unconstitutionally vague. We affirm the sentence imposed by the district court.

Boult and co-defendant, Adrian Mullen, stipulated to the facts for sentencing purposes. In January 1989, Boult entered the General Welding Company in St. Louis, Missouri, and asked the owner, Harold Segal, for money. Segal gave Boult cash and Boult left. Thereafter, Segal received phone calls in which Boult, whom he knew as "Big Guy," requested more money. To induce Segal to pay, Boult concocted a variety of stories, including one in which Boult threatened to implicate Segal in a murder unless Boult was given money, and another in which Boult claimed that he needed additional money in order to retrieve the money Segal had previously given him. Segal was taken in by these stories, and between January and April of 1989, he emptied his business bank account and his IRA account by giving Boult $12,900 in cash and checks. After the initial contacts, Boult developed a pattern of sending Adrian Mullen or David Hedrick for the checks, which would be payable to one of the three men. In April, Segal told Boult that he had no more money. A few days later, on April 20, Boult called Segal saying that he had been kidnapped by two men who wanted $1,100 to release him; this demand was repeated in over thirty telephone calls made the following day by Boult, Mullen, and a man identifying himself as one of the kidnappers. These calls included one to Segal's wife threatening both her life...

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