United States v. Daniels

• Decision Date: 18 August 1971
• Docket Number: No. 71-1136.,71-1136.
• Citation: 446 F.2d 967
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Harry William DANIELS, Jr., Defendant-Appellant.
• Court: U.S. Court of Appeals — Sixth Circuit

446 F.2d 967 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Harry William DANIELS, Jr., Defendant-Appellant.

No. 71-1136.

United States Court of Appeals, Sixth Circuit.

August 3, 1971.

Rehearing Denied August 18, 1971.

Richard R. Slukich, Covington, Ky. (Court appointed), for defendant-appellant.

J. T. Frankenberger, Lexington, Ky., for plaintiff-appellee; Eugene E. Siler, Jr., U. S. Atty., James F. Cook, Asst. U. S. Atty., Lexington, Ky., on brief.

Before PHILLIPS, Chief Judge, and EDWARDS and CELEBREZZE, Circuit Judges.

Rehearing En Banc Denied August 18, 1971.

CELEBREZZE, Circuit Judge.

This is the second time this case has come before this Court. In July, 1970, we affirmed the conviction of Appellant — a member of the Jehovah's witness faith and a conscientious objector — for failing to comply with an order of his local selective service board to report to said board for instructions to commence with civilian employment, as alternate service, in violation of 50 U.S.C. App. § 462. United States v. Daniels, 429 F.2d 1273 (6th Cir. 1970). In affirming Appellant's conviction, however, we remanded this cause to the District Court to permit reconsideration of the five year sentence of imprisonment which the District Court imposed upon the Appellant. United States v. Daniels, supra at 1273.

Our remand order was based in large part on the peculiar facts of the instant case: Appellant is a young man whose sole motivation for refusing to obey an order of his local selective service board was a devout adherence to his religious beliefs.¹ Further, he is of "good character"² and apparently stood willing at all times to comply with a judicial order to present himself for civilian employment as required by federal law.³ And finally, other young men in different districts within our jurisdiction were not being disciplined by imprisonment for their religious beliefs so long as they were willing to comply with a judicial order to do the exact conscientious objector work which they had refused to perform when ordered by the local draft board. United States v. Daniels, supra. See United States v. Griffin, 434 F.2d 740, 742 (6th Cir. 1970). Cf. United States v. Dudley, 436 F.2d 1057 (6th Cir. 1971).

Upon remand, the District Court refused to reduce or suspend its original five year sentence of Appellant. Indeed, the trial court judge observed that for the over thirty years that he had been on the federal bench he has "felt that in cases of this kind a refusal to obey an order of a local draft board that * * those who violate that order deserve a five year sentence; and I think almost without exception I have given a five year sentence * * *."⁴ In so holding, the District Court noted that the law Appellant violated "strikes at the very foundation and fundamentals * * * of our whole governmental system." Finally, the District Court indicated that it was "qualified by experience, temperament and knowledge of law * * * in giving this sentence of five years" and that the Court used such experience and the record of this case in determining the challenged sentence. This appeal followed.⁵

The sole issue on appeal is whether the District Court properly discharged its duty to impose an appropriate sentence. Williams v. Oklahoma, 358 U.S. 576, 585, 79 S.Ct. 421, 3 L.Ed.2d 516 (1959). See Livers v. United States, 185 F.2d 807, 809 (6th Cir. 1950).

Before focusing our attention on the appropriateness of the instant sentence, we must consider the substantial body of federal precedents governing the scope of appellate review of sentences. In general, the severity or duration of punishment imposed by a trial court is not subject to modification where the sentence imposed is within the requisite legislative limits. Gore v. United States, 357 U.S. 386, 393, 78 S.Ct. 1280, 2 L.Ed.2d 1405 (1958); Blockburger v. United States, 284 U.S. 299, 305, 52 S. Ct. 180, 76 L.Ed. 306 (1932). The process of sentencing an offender, however, is not wholly immunized from judicial review solely because the sentence imposed upon the offender falls somewhere within certain statutory limits. Williams v. Oklahoma, 358 U.S. 576, 79 S. Ct. 421, 3 L.Ed.2d 516 (1959); Williams v. New York, 337 U.S. 241, 69 S.Ct. 1079, 93 L.Ed. 1337 (1949); Townsend v. Burke, 334 U.S. 736, 68 S.Ct. 1252, 92 L.Ed. 1690 (1948). See Scott v. United States, 136 U.S.App.D.C. 377, 419 F.2d 264, 266-267 (1969).

In Townsend v. Burke, supra, the United States Supreme Court held that an appellate court may scrutinize the sentencing process to insure that the trial judge has based his decision on reliable information.

In Williams v. New York, supra, decided only months after Townsend v. Burke, the United States Supreme Court praised the modern penological philosophy of "individualizing sentences" and discussed the twin responsibility of the trial judge with regard to a criminal offender: first, to possess the fullest possible information about an offender; and second, to select a sentence based upon those factors appropriate to the "important goals of criminal jurisprudence." In so doing, the Court stated:

"A sentencing judge, however, is not confined to the narrow issue of guilt. His task within fixed statutory or constitutional limits is to determine the type and extent of punishment after the issue of guilt has been determined. Highly relevant — if not essential — to his selection of an appropriate sentence is the possession of the fullest information possible concerning the defendant\'s life and characteristics. * * *

"Undoubtedly the New York statutes emphasize a prevalent modern philosophy of penology that the punishment should fit the offender and not merely the crime. People v. Johnson, 252 N.Y. 387, 392, 169 N.E. 619, 621. The belief no longer prevails that every offense in a like legal category calls for an identical punishment without regard to the past life and habits of a particular offender." 337 U.S. at 247, 69 S.Ct. at 1083.

And in Williams v. Oklahoma, supra, the United States Supreme Court, further explained the breadth of appropriate judicial review of the sentencing process in a case involving the sentencing of a kidnapper who had shot and killed his victim. It held:

"In discharging his duty of imposing a proper sentence, the sentencing judge is authorized, if not required, to consider all of the mitigating and aggravating circumstances involved in the crime." 358 U.S. at 585, 79 S.Ct. at 427.

The above Supreme Court precedents establish that while the District Court is permitted broad latitude in discharging its "duty to impose a proper sentence," the exercise of the District Court's discretion will be subject to appellate scrutiny under limited circumstances, such as: the reliance by the sentencing court on improper factors or the failure of the sentencing court to "evaluate the available information in light of the facts relevant to sentencing." Scott v. United States, supra, 419 F. 2d at 266.

This Court has fashioned similar standards for the appellate review of the substantive aspects of the trial court's sentencing procedures. In general, we have permitted the trial judge broad discretion in sentencing a criminal defendant without specific regard to the severity of the sentence imposed so long as the sentence was within the permissible statutory range. United States v. Dudley, 436 F.2d 1057 (6th Cir. 1971); United States v. Jackson, 422 F.2d 975, 978 (6th Cir. 1970); Costner v. United States, 271 F.2d 261, 263 (6th Cir. 1959). But see United States v. Daniels, 429 F.2d 1273 (6th Cir. 1970); United States v. Griffin, 434 F.2d 740, 742 (6th Cir. 1970).

On the other hand, we and other courts have approved of remanding for resentencing in cases where it appeared that a trial judge had improperly considered certain factors in sentencing, see United States v. Latimer, 415 F.2d 1288 (6th Cir. 1969); United States v. Stubblefield, 408 F.2d 309 (6th Cir. 1969); Marano v. United States, 374 F.2d 583 (1st Cir. 1967); improperly relied upon certain false information, Townsend v. Burke, 334 U.S. 736, 68 S.Ct. 1252, 92 L.Ed. 1690 (1948); Smith v. United States, 223 F.2d 750 (5th Cir. 1955), or grossly abused his discretion by failing to evaluate the relevant information before him with due regard for the factors appropriate to sentencing. Yates v. United States, 356 U.S. 363, 366-367, 78 S.Ct. 766, 2 L.Ed.2d 837 (1958); United States v. McKinney, 427 F.2d 449, 455 (6th Cir. 1970); United States v. West Coast News Co., 357 F.2d 855, 865 (6th Cir. 1966) reversed on other grounds sub nom., Aday v. United States, 388 U. S. 447, 87 S.Ct. 2095, 18 L.Ed.2d 1309 (1967); United States v. Moody, 371 F. 2d 688, 693-94 (6th Cir. 1967); United States v. Wiley, 278 F.2d 500, 503 (7th Cir. 1960); see Livers v. United States, 185 F.2d 807, 809 (6th Cir. 1950).

Applying the above stated principles to the facts of this case we are gravely concerned — in at least three respects — about the manner in which the District Court exercised its discretion in discharging its duty to impose an appropriate sentence.

First, we are seriously perturbed about the trial judge's avowal that since 1938 or 1939, his court has — to the best of his memory — sentenced to five years in the penitentiary every young man who has refused to obey an order of a draft board. That statement, taken along with the observations of the United States attorney at oral argument,⁶ suggests a general practice in at least one federal district in Kentucky of imposing a sentence without particular reference to the circumstances surrounding the commission of the crime or of the background of the criminal defendant.

A trial court which fashions an inflexible practice in sentencing contradicts the judicially approved policy in favor of "individualizing sentences." Williams v. New York, 337 U.S. at 248, 69 S.Ct. 1079. Moreover, such an inflexible sentencing practice is incompatible with the United States Supreme...