United States v. Martin, 071014 FED6, 13-4015

Docket Nº:13-4015
Opinion Judge:KETHLEDGE, Circuit Judge.
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ANDREW MARTIN, Defendant-Appellant.
Judge Panel:Before: GUY, KETHLEDGE, and STRANCH, Circuit Judges.
Case Date:July 10, 2014
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

ANDREW MARTIN, Defendant-Appellant.

No. 13-4015

United States Court of Appeals, Sixth Circuit

July 10, 2014

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO

Before: GUY, KETHLEDGE, and STRANCH, Circuit Judges.

KETHLEDGE, Circuit Judge.

Andrew Martin appeals his within-Guidelines sentence for seeking to hire a hit man to murder an 80-year-old woman whom Martin sought to defraud. We affirm.

In 2010, a man named George Warehime passed away. The local probate court appointed his sister, Joy Comey, as administrator of the estate. In that role, Comey contracted to sell Warehime's house. Comey went to the house one day and, to her surprise, found Andrew Martin and David Simons inside. They told Comey that Warehime had already transferred the house to Simons months before.

In fact, Martin and Simons had never met Warehime. Instead, they had filed a fraudulent quitclaim deed with the local recorder purporting to effect the transfer. Then Martin, a nurse at the Cleveland Clinic, gained unauthorized access to Warehime's medical records so that Simon could fabricate a story about a relationship with Warehime in order to make the putative transfer look legitimate. A tussle over the house followed in probate court.

Meanwhile, Martin encountered a patient at the Cleveland Clinic who "looked like a big guy[.]" Martin asked if the patient had ever "hurt anyone." The patient said "yes, no, maybe." Martin asked if the patient had ever killed anyone. The patient replied, "I shot someone in the leg once." Martin then offered the patient a "job" to "take someone out": Joy Comey. Martin explained that Comey had "been trying to mess up his life[, ]" and that he wanted the patient to "put four in her head and make it look like a robbery." The patient purported to agree for a price of $10, 000.

The patient then contacted the police. Martin thereafter pled guilty to using interstate-commerce facilities in the commission of murder-for-hire, in violation of 18 U.S.C. § 1958, conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and wrongful disclosure of personal-health information, in violation of 42 U.S.C. § 1320d-6. The district court sentenced Martin to 144 months' imprisonment on the wire-fraud conspiracy charge, and 120...

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