United States v. Horton, 13301.
| Decision Date | 27 February 1970 |
| Docket Number | No. 13301.,13301. |
| Citation | 423 F.2d 474 |
| Parties | UNITED STATES of America, Appellee, v. Tyrone HORTON, Appellant. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Richard R. G. Hobson, Fairfax, Va., court-appointed counsel, for appellant.
C. P. Montgomery, Jr., Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., on brief), for appellee.
Before SOBELOFF and WINTER, Circuit Judges, and HARVEY, District Judge.
Certiorari Denied June 29, 1970. See 90 S.Ct. 2266.
Tyrone Horton was convicted by a jury in the United States District Court for the Eastern District of Virginia of assaulting a guard at the District of Columbia Reformatory located at Lorton, Virginia. At the time of the offense, Horton was serving a one-year sentence at Lorton for attempted unauthorized use of a motor vehicle. Following his assault conviction, he received an additional consecutive sentence of two years imprisonment.
In this appeal, Horton claims that he has been denied equal protection and due process of law under the Fifth Amendment because he was sentenced under general federal law rather than under provisions of the District of Columbia Code. Specifically, he contends that the sentence imposed denied him the right (1) to receive a minimum sentence and to be eligible for parole when the minimum sentence was served; (2) to have his minimum sentence reduced at any time by an application made by the Board of Parole to the Court; and (3) if granted parole, to be discharged from supervision by the Board of Parole prior to the expiration of the maximum term of his sentence. He claims that these are rights which are accorded persons tried and convicted in the District of Columbia of this same offense and which cannot constitutionally be denied him merely because his trial occurred in the Eastern District of Virginia.
Horton was tried and convicted under § 22-505 of the D.C.Code (1967 Ed.), which punishes an assault upon an employee of a District of Columbia correctional institution whether the institution is located within the District or elsewhere. This statute provides for a maximum term of imprisonment of 5 years for an assault of the type with which Horton was charged. In United States v. Smith, 398 F.2d 595 (4th Cir. 1968), we recognized that a prosecution under § 22-505 for assaulting a guard at Lorton, Virginia, is properly brought in the Eastern District of Virginia, where the crime was committed.
Other provisions of the D.C.Code relating to sentencing and parole have not been made applicable by Congress to persons convicted outside the District of Columbia. The District Judge in this case could not have sentenced Horton under the provisions of § 24-2031 of the Code, which requires that the judge impose a maximum and minimum term for a person "convicted in the District of Columbia of a felony" and which further permits release of such a person on parole at any time after having served the minimum sentence. Horton contends that § 24-201c and § 24-204(b) likewise cannot be applied to him. Under § 24-201c,2 the Board of Parole of the District of Columbia may in its discretion apply to the sentencing court for the reduction of a minimum sentence imposed on a prisoner who has been committed to the District's Department of Corrections, and under § 24-204(b)3 the Board in its discretion may discharge a paroled prisoner from supervision prior to the expiration of the maximum term for which he was sentenced. Horton claims that his constitutional rights were infringed when he was denied the benefits accorded by these three statutory provisions to persons convicted in the District of Columbia of the same crime.4
As to Horton's first contention, we find no essential difference between the sentencing alternatives available under general federal law to the sentencing judge sitting in this case in Virginia and those that he might have employed if sitting in the District of Columbia. By operation of 18 U.S.C. § 4202, Horton may be released on parole after serving one-third of his two-year term of imprisonment. The division of his sentence into maximum and minimum periods as required by the District of Columbia Code would therefore be of no practical advantage to him. Furthermore, the sentencing judge in his discretion could have employed the provisions of 18 U.S.C. § 4208(a) (1) and designated in the sentence imposed a minimum term at the expiration of which Horton would become eligible for parole, which term could be less than but not more than one-third of the maximum sentence imposed. He was also empowered to use § 4208(a) (2), fixing the maximum term and specifying that Horton might become eligible for parole at such time as the Board of Parole might determine. Horton's age would even have permitted the judge to sentence him under the Federal Youth Correction Act, 18 U.S.C. §§ 5005-5026, which also contains a provision permitting the offender to be unconditionally discharged before expiration of his maximum sentence. In view of these provisions of general federal law, we conclude that Horton's constitutional rights were not infringed because he was not sentenced under § 24-203 of the District of Columbia Code.
With reference to Horton's other two contentions, the government argues that whatever additional benefits might accrue to him under §§ 24-201c and 24-204(b) of the D.C.Code, the fact that he will be treated for parole purposes in the same manner as other federal prisoners not convicted in the District does not amount to a denial of his constitutional rights. It is urged that one convicted in the District of Columbia of a similar felony has no "right" to have the Board of Parole apply to the sentencing court for a reduction of sentence inasmuch as § 24-201c makes it discretionary with the Board whether such an application is made. It is further claimed that there is no "right" on the part of a paroled District of Columbia prisoner that the Board of Parole discharge him from supervision prior to the expiration of his maximum term, for again under § 24-204(b) such an act is within the Board's discretion.
Assuming that the benefits which might accrue to Horton under the more liberal District of Columbia provisions are indeed statutory rights, the short answer to Horton's contentions is that Congress undoubtedly may treat offenders convicted in the District of Columbia differently from those convicted elsewhere. Were this not so, any defendant convicted of a crime in a federal court elsewhere in the United States could successfully claim the right to have applied to him more beneficial provisions of law made applicable by Congress only to those similarly convicted in a District of Columbia court.
In Gilstrap v. Clemmer, 284 F.2d 804 (4th Cir. 1960), this Court recognized that Congress may adopt one rule of substantive criminal law for the District of Columbia while promulgating yet another for the general federal system, citing Johnson v. United States, 225 U.S. 405, 32 S.Ct. 748, 56 L.Ed. 1142 (1912) and Griffin v. United States, 336 U.S. 704, 69 S.Ct. 814, 93 L.Ed. 993 (1949). In Johnson, a defendant convicted in the District of Columbia of murder challenged a difference between a provision of the D.C.Code making the death penalty mandatory and a similar provision of federal law providing that the jury in a murder case could qualify its verdict by adding the words "without capital punishment." In finding no constitutional infirmity, the Supreme Court said the following at pages 417-418, 69 S.Ct. at page 752:
The Johnson case was followed in Griffin v. United States, supra, which was decided by the Supreme Court in 1949. There the challenge in another murder case was directed at a difference between a general federal rule concerning the admissibility of evidence and a rule applied solely in courts of the District of Columbia. The Supreme Court pointed out in its decision that Congress in its enactment of statutes had often recognized the appropriateness of one rule for the District of Columbia and another for other jurisdictions so far as they are subject to federal law. The opinion listed numerous disparities in matters of criminal law between the D. C.Code and federal statutes, including statutes dealing with adultery, rape, robbery, larceny and the competency of one spouse to testify for or against the other. See also Coleman v. United States, 118 U.S.App.D.C. 168, 334 F.2d 558 (1964).
As the Court said in Howerton v. Rivers, 117 U.S.App.D.C. 110, 326 F. 2d 653, 655 (1963), it would undoubtedly have been more logical for Congress to prescribe uniformity in the parole treatment of all United States prisoners, but "Congress presumably can handle these varying situations in varying ways." The constitutional requirement of equal protection is not a demand that a statute necessarily apply equally to all persons. Rinaldi v. Yeager, 384 U.S. 305, 86 S.Ct. 1497, 16 L.Ed.2d 577 (1966). With particular reference to convictions within the District of Columbia, Congress may constitutionally establish...
To continue reading
Request your trial
-
United States v. Perez, 73-1638.
...of Virginia. United States v. Smith, 398 F.2d 595 (4 Cir.1968); United States v. Haley, 417 F.2d 625 (4 Cir.1969); United States v. Horton, 423 F.2d 474 (4 Cir.1970). Perez contends, however, that the Eastern District of Virginia lost jurisdiction of such cases by the enactment of the Distr......