United States v. Casey Self
461 F. App'x 375
5th Cir.2012Background
- Self participated in a counterfeit check scheme with four accomplices over several years, including breaking into mailboxes and using victim information to forge checks and IDs.
- Garcia recruited Barakat; Barakat’s boyfriend Coker purchased stolen banking data and obtained fraudulent memberships; Balaina Collins replaced Garcia as lookout.
- After postal complaints in 2008, investigators linked Self to surveillance videos negotiating fraudulent checks; Self was arrested attempting to negotiate a counterfeit check in 2009.
- Self was arrested again in 2010 on unrelated charges, then identified as Casey Self while being booked, leading to charges and imprisonment.
- Self pleaded guilty to possessing stolen mail and making, possessing, and uttering counterfeit securities; he was sentenced to 180 months with three years of supervised release.
- PSR calculated a range of 210–262 months, but statutory maximum was 180 months; the court imposed 180 months, citing the severity of the crime and victims’ harm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Obstruction of justice enhancement validity | Self contends §3C1.1 enhancement is improper | The government argues the enhancement applied due to obstructive conduct | Harmless error; sentence would be the same without enhancement. |
| Role in the offense enhancement validity | Self argues he was not a manager or supervisor | Court properly applied §3B1.1(b) for managerial role | Upheld; district court justified based on involvement and recruitment. |
| Allocution right violated | Self alleges denial of right to allocute before sentencing | Court complied with Rule 32(i)(4)(A)(ii) permitting some statement | No allocution error; defendant spoke prior to sentence and court considered remarks. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (Supreme Court 2007) (standard of review for sentencing decisions)
- Cisneros-Gutierrez v. United States, 517 F.3d 751 (5th Cir. 2008) (guidelines interpretation and factual findings reviewed de novo/ for clear error)
- Juarez-Duarte v. United States, 513 F.3d 204 (5th Cir. 2008) (application of guidelines and harmless error in sentencing)
- United States v. Rose, 449 F.3d 627 (5th Cir. 2006) (clear error standard for factual findings; supervisory role considerations)
- United States v. Cabrera, 288 F.3d 163 (5th Cir. 2002) (allocution and sentencing procedure considerations)