916 F.2d 1115 (6th Cir. 1990), 89-6583, United States v. Wilson

Docket Nº:89-6583.
Citation:916 F.2d 1115
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Richard WILSON, Defendant-Appellant.
Case Date:October 23, 1990
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 1115

916 F.2d 1115 (6th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellee,

v.

Richard WILSON, Defendant-Appellant.

No. 89-6583.

United States Court of Appeals, Sixth Circuit

October 23, 1990

Argued July 31, 1990.

Rehearing and Rehearing En Banc Denied Feb. 11, 1991.

Page 1116

Joe B. Brown, U.S. Atty., Wendy Goggin, and Robert Washko (argued), Asst. U.S. Attys., Office of the U.S. Atty., Nashville, Tenn., for plaintiff-appellee.

Deborah S. Swettenam, Asst. Federal Public Defender (argued), Federal Public Defenders Office, Nashville, Tenn., for defendant-appellant.

Before KEITH and KRUPANSKY, Circuit Judges, and JORDAN, District Judge. [*]

KRUPANSKY, Circuit Judge.

Defendant-appellant Richard Wilson has appealed from the sentence imposed in a judgment entered by the United States District Court for the Middle District of Tennessee pursuant to a guilty plea for conspiring to obstruct, delay, or affect commerce by the robbery of money from a bank and the threat of physical violence in furtherance of that plan, in violation of 18 U.S.C. Sec. 1951. 1

Appellant organized a group of seven individuals, including himself, to commit a series of robberies involving the use of firearms provided by appellant in the Cookeville, Tennessee area. Appellant and two codefendants recruited four high school students by threatening to kill members of their families. During the month of August, 1988, appellant conspired with his codefendants to rob the Bank of Putnam County by forcing entry into the residence of Jack Ray, the chief executive officer of the bank, and, by threatening physical harm to him and/or his wife, inducing Ray to accompany the conspirators to the bank, where they would rob it of its funds. The first attempt was aborted when one of the students, Robert Jones, panicked and refused to enter the Ray residence. The second attempt failed when two of the other high school students reported the plot to authorities.

Appellant was arrested by state authorities on October 5, 1988, apparently in connection with various other robberies and remained in state custody through the date of his sentencing in the present case. Appellant was indicted December 15, 1988 on the instant federal offense. On that date, an arrest warrant was also issued which was signed and returned by the United States Marshal's Office on May 17, 1989. On December 16, 1988, a federal detainer was issued against the appellant. On May 15, 1989 and thereafter, when the appellant was required to appear before the federal court, the district court issued orders to the sheriff of Putnam County, Tennessee to produce the "prisoner ad prosequendum." Throughout the entire period from October 5, 1988 to appellant's sentencing in the instant case on November 29, 1989, appellant was in the custody of the Putnam County Sheriff pending disposition of various state criminal charges.

On November 29, 1989, Wilson pleaded guilty, pursuant to a plea agreement in

Page 1117

which the government recommended that the sentence not exceed 96 months. Following a sentencing hearing, the district court fixed the offense level at 26, which included a four-level increase for being an organizer and leader of criminal activity involving five or more persons. The offense level was reduced two levels to 24 for acceptance of responsibility for the offense. The defendant's criminal history category was determined to be I, resulting in a guideline range of 51 to 63 months of incarceration. The court thereupon departed upward from the guidelines by imposing a sentence of 96 months. Appellant requested credit for time served as a result of his presentence state custody, but his request was denied by the trial court. Appellant filed a timely notice of appeal.

In support of its upward departure from the guidelines, the court concluded that appellant was the primary organizer and leader of a criminal activity which involved five or more participants, "the one with the greatest control, the ultimate decision maker"; that appellant had, by coercion and threats of physical violence against family members of four participating high school students, induced their involvement; that Wilson's criminal history category inadequately reflected the seriousness of his past criminal conduct; and that the conspiracy included a plan to abduct or physically restrain one or more persons.

On appeal, appellant has charged that the district court erred by unreasonably departing upward from the sentencing guidelines in the imposition of sentence and in failing to grant appellant credit for the time he was in state custody from October 5, 1988 until he entered upon service of his federal sentence in the instant case pursuant to 18 U.S.C. Sec. 3585(b)(2).

Upon review of the record in its entirety, the briefs of the parties, and the arguments of counsel, the district court's upward departure from the guidelines is affirmed because the district court committed no factual or legal errors in the direction and degree of the departure. See United States v. Rodriguez, 882 F.2d 1059, 1067 (6th Cir.1989).

The statute addressing credit toward the service of a term of imprisonment provides:

A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences--

(2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed

that has not been credited against another sentence.

18 U.S.C. Sec....

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26 practice notes
  • 974 F.2d 736 (6th Cir. 1992), 91-6153, United States v. Westmoreland
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Sixth Circuit
    • September 10, 1992
    ...the law of this Circuit provided that applications for sentence credits should be made to the District Court. United States v. Wilson, 916 F.2d 1115 (6th Cir.1990), rev'd, --- U.S. ----, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992). In reversing Wilson, the Supreme Court held that a district cour......
  • 49 F.Supp.2d 489 (E.D.Va. 1999), Crim. A. 2 93cr129, United States v. Miller
    • United States
    • Federal Cases United States District Courts 4th Circuit Eastern District of Virginia
    • May 6, 1999
    ...25, 1995 indicates that he was paroled on June 3, 1996. [5] Defendant cites to the Sixth Circuit decision of United States v. Wilson, 916 F.2d 1115 (6th Cir. 1990) for the proposition that the district court is responsible for the calculation of credit for time served. However, that decisio......
  • 892 S.W.2d 428 (Tenn.App. 1994), Hamblen County Educ. Ass'n v. Hamblen County Bd. of Educ.
    • United States
    • Tennessee Court of Appeals of Tennessee
    • October 14, 1994
    ...("... it is the statute, and not the Committee Report, which is the authoritative expression of the law, ..."); U.S. v. Wilson, 916 F.2d 1115, 1117 (6th Cir.1990); In Re Lucas, 924 F.2d 597, 600 (6th Cir.1991). We find and hold that the Board's early retirement incentive program i......
  • 960 F.2d 278 (2nd Cir. 1992), 78, United States v. Edwards
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Second Circuit
    • February 28, 1992
    ...Reform Act of 1984. The interpretation of a federal statute is a question of law which we review de novo. United States v. Wilson, 916 F.2d 1115, 1117 (6th Cir.1990), cert. granted, --- U.S. ----, 112 S.Ct. 48, 116 L.Ed.2d 26 (1991). The legislative history of § 3585(b) does not provide cle......
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26 cases
  • 974 F.2d 736 (6th Cir. 1992), 91-6153, United States v. Westmoreland
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Sixth Circuit
    • September 10, 1992
    ...the law of this Circuit provided that applications for sentence credits should be made to the District Court. United States v. Wilson, 916 F.2d 1115 (6th Cir.1990), rev'd, --- U.S. ----, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992). In reversing Wilson, the Supreme Court held that a district cour......
  • 49 F.Supp.2d 489 (E.D.Va. 1999), Crim. A. 2 93cr129, United States v. Miller
    • United States
    • Federal Cases United States District Courts 4th Circuit Eastern District of Virginia
    • May 6, 1999
    ...25, 1995 indicates that he was paroled on June 3, 1996. [5] Defendant cites to the Sixth Circuit decision of United States v. Wilson, 916 F.2d 1115 (6th Cir. 1990) for the proposition that the district court is responsible for the calculation of credit for time served. However, that decisio......
  • 892 S.W.2d 428 (Tenn.App. 1994), Hamblen County Educ. Ass'n v. Hamblen County Bd. of Educ.
    • United States
    • Tennessee Court of Appeals of Tennessee
    • October 14, 1994
    ...("... it is the statute, and not the Committee Report, which is the authoritative expression of the law, ..."); U.S. v. Wilson, 916 F.2d 1115, 1117 (6th Cir.1990); In Re Lucas, 924 F.2d 597, 600 (6th Cir.1991). We find and hold that the Board's early retirement incentive program i......
  • 960 F.2d 278 (2nd Cir. 1992), 78, United States v. Edwards
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Second Circuit
    • February 28, 1992
    ...Reform Act of 1984. The interpretation of a federal statute is a question of law which we review de novo. United States v. Wilson, 916 F.2d 1115, 1117 (6th Cir.1990), cert. granted, --- U.S. ----, 112 S.Ct. 48, 116 L.Ed.2d 26 (1991). The legislative history of § 3585(b) does not provide cle......
  • Free signup to view additional results