U.S. v. Harrington, 96-30844
| Decision Date | 02 June 1997 |
| Docket Number | No. 96-30844,96-30844 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Patrick Hough HARRINGTON, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Josette Louise Cassiere, Assistant U.S. Attorney, Robert Watts Gillespie, Jr., Shreveport, LA, for Plaintiff-Appellee.
Rebecca L. Hudsmith, Federal Public Defender's Office, Lafayette, LA, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Louisiana.
Before POLITZ, Chief Judge, KING, Circuit Judge, and FOLSOM, * District Judge.
Patrick Hough Harrington appeals his sentence on remand. Concluding that the district court properly applied the Sentencing Guidelines, we affirm.
Harrington, a licensed attorney, pled guilty to one count of conspiracy to induce the illegal entry and to transport aliens into the United States and two counts of smuggling aliens into the United States. 1 While awaiting sentencing, he concocted a scheme to create a basis for the withdrawal of his guilty pleas. He dispatched Damon Paul Cheatwood, a layman whom he portrayed as an attorney associate, to Colorado to contact two women Harrington had smuggled illegally into the United States. Harrington provided Cheatwood with two affidavits, instructed him to secure the signatures of the women on the affidavits, and authorized Cheatwood to pay each $200 in exchange for their signatures. The affidavits stated that Harrington had not transported the women into the United States and did not know they were illegal aliens; that a border patrol agent had promised the women citizenship in exchange for making false statements against Harrington; and that an Immigration and Naturalization Service agent informed the women that Harrington had hired someone to kill them. Each of the statements in the affidavits was a blatant falsehood.
Harrington became concerned that the signatures on the affidavits could not be verified in court because the women were illegal aliens. To overcome this hurdle and to ensure the acceptance of the affidavits, Harrington and Cheatwood hired a court reporter, a video camera operator, and a translator to take the affidavits. Cheatwood thereafter contacted one of the women, but she refused to cooperate and informed the FBI of Cheatwood's proposal. The FBI then recorded a telephone conversation in which Harrington told Cheatwood that he would pay the women $400 each to sign the affidavits and that he was concerned about the women remaining in the United States. 2
Harrington subsequently was indicted for conspiracy to obstruct justice and obstruction of justice. 3 Harrington pled guilty and was sentenced to 60 months imprisonment. After a panel of this court vacated that sentence, 4 Harrington was sentenced on remand to 60 months imprisonment. He timely appealed.
Harrington contends that the district court erred by enhancing his sentence on the basis of abuse of a position of public trust and by increasing his criminal history category from category I to III. We review the trial court's findings of fact for clear error and its application of the sentencing guidelines de novo. 5
Section 3B1.3 of the Sentencing Guidelines provides:
If the defendant abused a position of public or private trust ... in a manner that significantly facilitated the commission or concealment of the offense, increase [the defendant's base offense level] by 2 levels.
The district court concluded that, as a lawyer, Harrington held a position of public trust and abuse of that position significantly facilitated the commission of his offenses. We find absolutely no error in this manifestly sound and well-reasoned conclusion.
The government and Harrington agree that a lawyer occupies a position of public trust. This is a given. The duty of lawyers includes, for trial lawyers, the prosecution and defense of persons and causes in courts of law. In doing so, lawyers represent not only the interests of clients, but the interests of our entire judicial system, indeed the interests of our society. The integrity of our judicial system inextricably is intertwined with the integrity of our trial lawyers. Consequently, it cannot be gainsaid that lawyers occupy a position of public trust. 6 It would be rank folly to suggest otherwise.
Harrington's abuse of this position significantly facilitated both the conspiracy and the obstruction of justice. When Harrington instructed Cheatwood to have the women sign the affidavits Cheatwood asked Harrington if it would be legal to have them do so. Harrington assured Cheatwood that it was perfectly legal and that the women could simply refuse to sign the affidavits if they so chose. When Harrington contacted Holly Conklin, a court reporter in Denver, he identified himself as a lawyer. Harrington wanted to hire Conklin to take the affidavits and Conklin made known that she would do so only if Harrington were a lawyer. When Harrington contacted Guadalupe Duran, a translator, he gave her his law office answering service number. In later discussions with Duran Harrington repeatedly identified Cheatwood as his associate. Further, when Cheatwood hired Kim Love, a video camera operator, he gave Love one of Harrington's business cards and credit cards. The business card clearly identified Harrington as a lawyer.
The record unambiguously establishes that Harrington used and abused his position as a lawyer in his effort to secure the fraudulent affidavits of the two women. Every person contacted by Harrington and Cheatwood knew that Harrington was a lawyer. This knowledge shrouded the actions of Harrington and Cheatwood with a false presumption of regularity and legality, and ensured the cooperation of the court reporter, the translator, and the video camera operator. For this pernicious conduct, Harrington's sentencing guidelines computation was subject to the two-level enhancement provided by section 3B1.3 of the Sentencing Guidelines.
To continue reading
Request your trial
-
U.S. v. Atlantic States Cast Iron Pipe Co., Criminal No. 03-852 (MLC).
...in a way which significantly facilitates the fraud, we can rightly say that he has abused a position of trust."); United States v. Harrington, 114 F.3d 517, 519 (5th Cir.1997) (attorney abused position of public trust in attempting to obtain fraudulent affidavits to obstruct justice); Unite......
-
U.S. v. Ollison
...findings, diagnoses, prescriptions, and treatment certifications that were submitted to various insurers); United States v. Harrington, 114 F.3d 517, 519 (5th Cir. 1997) (attorney subject to enhancement because his position helped him secure fraudulent affidavits and "shrouded" his actions ......
-
U.S. v. Szarwark, 3:97 CR 28 AS.
...characterized by the above-described factors. Id. A lawyer occupies a position of public trust. This is a given. United States v. Harrington, 114 F.3d 517, 519 (5th Cir.1997), cert. denied, ___ U.S. ___, 118 S.Ct. 320, 139 L.Ed.2d 248; United States v. Glymph, 96 F.3d 722 (4th Cir. 1996); U......
-
U.S. v. Hemmingson
...that significantly facilitated the crimes. Although attorneys by definition occupy a position of public trust, see United States v. Harrington, 114 F.3d 517, 519 (5th Cir.), cert. denied, --- U.S. ----, 118 S.Ct. 320, 139 L.Ed.2d 248 (1997), automatically enhancing an attorney's sentence wo......