United States v. Archery Lynn Overstreet
2013 U.S. App. LEXIS 6257
| 11th Cir. | 2013Background
- Overstreet pled guilty to possessing a firearm as a felon under 18 U.S.C. § 922(g).
- District court applied ACCA, based on prior state felonies, and calculated a guideline range of 151–188 months, later escalating to 180–188 months due to ACCA's minimum; statutory maximum remains life.
- Prior Texas convictions include burglary of a building, burglary of a habitation, two attempted murders, and aggravated sexual assault from a 1986 spree.
- While on parole for the prior offenses, Overstreet absconded in 2010, fled to Florida, and was found with a loaded gun and blood-stained tape in his trunk; his wife Taffy disappeared.
- Government argued and district court found, by preponderance, that Overstreet murdered Taffy during the absconding, and later upwardly departed to criminal history category VI, but kept the same 420-month sentence.
- Overstreet’s sentence was 420 months with five years of supervised release; the court justified it under statutory factors and deterrence, emphasizing his dangerous history.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ACCA enhancement violates due process or requires indictment proof | Overstreet argues existence of prior convictions and separateness must be charged/proved beyond reasonable doubt. | Government contends Almendarez-Torres allows use of prior convictions and Weeks permits separate-occasions findings via Shepard sources. | ACCA enhancement affirmed; existence and separateness may be determined without jury/indictment proof. |
| Whether district court properly determined prior offenses were on different occasions | Overstreet disputes separate-occasions finding; argues Nijhawan undermines such non-jury determinations. | Government maintains district court may determine different-occasions facts using Shepard-approved sources. | District court properly found different-occasions facts; no error under Nijhawan/Weeks framework. |
| Whether the 420-month sentence is reasonable given the murder finding and §3553(a) factors | Overstreet argues emphasis on murder/absence of direct murder charge inflates sentence beyond offense of conviction. | Government contends кур district court properly weighed §3553(a) factors, including deterrence and public protection, with substantial evidence of murder and history. | Sentence is reasonable under the totality of circumstances; district court did not abuse discretion. |
Key Cases Cited
- Almendarez-Torres v. United States, 523 U.S. 224 (Supreme Court, 1998) (prior convictions need not be charged/proved for ACCA enhancements)
- Beckles v. United States, 565 F.3d 832 (11th Cir. 2009) (prior convictions not required to be charged for ACCA enhancements)
- Weeks v. United States, No. 12-11104 (11th Cir. Jan. 31, 2013) (11th Cir. 2013) (district court may determine ACCA facts using Shepard sources)
- Sneed v. United States, 600 F.3d 1326 (11th Cir. 2010) (district court may consider underlying facts for ACCA)
- Greer v. United States, 440 F.3d 1267 (11th Cir. 2006) (court may determine the nature of prior convictions for ACCA)
- Spears v. United States, 443 F.3d 1358 (11th Cir. 2006) (difference-occasions determinations need not go to jury)
- Amedeo v. United States, 487 F.3d 823 (11th Cir. 2007) (variance can rely on §3553(a) factors alongside prior history)
- Rodriguez v. United States, 628 F.3d 1258 (11th Cir. 2010) (district court may weigh factors used for enhancement in variance)
- Shaw v. United States, 560 F.3d 1230 (11th Cir. 2009) (weight of §3553(a) factors is within district court discretion)
- Booker v. United States, 543 U.S. 220 (Supreme Court, 2005) (advisory Sentencing Guidelines; §3553(a) factors guide discretion)
- Turner v. United States, 474 F.3d 1265 (11th Cir. 2007) (upward variance upheld where warranted by §3553(a))
- Barner v. United States, 572 F.3d 1239 (11th Cir. 2009) (harmless error standard for miscalculation in §4A1.3 context)