United States v. Angelo Anton Shaw
713 F. App'x 809
| 11th Cir. | 2017Background
- Shaw was arrested with a firearm, 30 bags of crack cocaine, and 21 bags of heroin after fleeing a bicycle stop; he was subject to a domestic violence injunction prohibiting firearm possession.
- Indicted on three counts: possession with intent to distribute (Count One), possession of a firearm in furtherance of drug trafficking (Count Two), and possession of a firearm while subject to a protective order (Count Three); pled guilty to Count Three.
- Trial on Counts One and Two proceeded; government moved to strike several prospective jurors for cause and the court removed 15 jurors, including five challenged by Shaw (Jurors 3, 6, 10, 14, 21).
- Jury convicted Shaw on Counts One and Two; PSR grouped Counts One and Three, set guideline range 37–46 months plus consecutive 5+ years for Count Two; PSR found Shaw unable to pay a fine (negative net worth, unemployed since 2012).
- District court denied an acceptance-of-responsibility reduction, imposed a 97-month total sentence and a $2,500 fine; Shaw appealed the juror removals, denial of the reduction, and the fine.
Issues
| Issue | Shaw's Argument | Government's Argument | Held |
|---|---|---|---|
| For-cause removal of jurors | District abused discretion; five defense-friendly jurors excused, giving gov't extra peremptories | Trial judge properly excused jurors whose answers showed inability to be impartial; judge’s credibility calls entitled to deference | No abuse of discretion; removals affirmed |
| Acceptance-of-responsibility reduction | Shaw argued guilty plea to Count Three warranted reduction | Guilty plea alone not automatic; Shaw did not accept responsibility for all charged crimes | Denial not clear error; reduction properly denied |
| Imposition of $2,500 fine | Fine unsupported by record; PSR indicated inability to pay | District court has discretion to impose a fine if it considers factors | Clear error: record contains no reasoning to reject PSR finding of inability to pay; fine vacated and remanded |
Key Cases Cited
- United States v. Abraham, 386 F.3d 1033 (11th Cir.) (standard: review for abuse of discretion on juror strikes)
- Patton v. Yount, 467 U.S. 1025 (1984) (impartial juror must be able to lay aside opinion and decide on evidence)
- United States v. Brown, 441 F.3d 1330 (11th Cir.) (deference to trial judge on juror credibility)
- United States v. Tegzes, 715 F.2d 505 (11th Cir.) (reluctance to disturb judge’s challenges-for-cause rulings)
- United States v. Moriarty, 429 F.3d 1012 (11th Cir.) (review for clear error on acceptance-of-responsibility rulings)
- United States v. Amedeo, 370 F.3d 1305 (11th Cir.) (defendant must clearly accept responsibility to obtain reduction)
- United States v. Rowland, 906 F.2d 621 (11th Cir.) (guilty plea not automatic entitlement to reduction)
- United States v. Thomas, 242 F.3d 1028 (11th Cir.) (no reduction if defendant fails to accept responsibility for all charged crimes)
- United States v. McGuinness, 451 F.3d 1302 (11th Cir.) (clear-error standard for court’s finding of ability to pay fine)
- United States v. Hernandez, 160 F.3d 661 (11th Cir.) (remand required when record gives no guidance for fine)
- United States v. McNair, 605 F.3d 1152 (11th Cir.) (PSR review and counsel argument may supply inference that court considered fine factors)
- United States v. Gonzalez, 541 F.3d 1250 (11th Cir.) (vacatur and remand where fine imposed despite PSR indicating inability to pay)