United States v. Douglas
2011 U.S. App. LEXIS 15540
| 8th Cir. | 2011Background
- Douglas pled guilty to interstate domestic violence and felon in possession after taking wife by gunpoint across state lines.
- District court cross-referenced to kidnapping when computing Guidelines, sentencing to 120 months and 60 months consecutive.
- Plea agreement set offense level totals and acknowledged potential cross-reference to kidnapping.
- PSR urged cross-reference to kidnapping with higher offense level than non-cross-referenced counts.
- Douglas did not object to the PSR facts; court relied on undisputed facts to apply cross-reference.
- Court imposed total sentence of 180 months consistent with cross-reference to kidnapping.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cross-reference to kidnapping was proper | Douglas argues cross-reference to kidnapping was improper | Douglas contends higher base under aggravated battery would yield lower total level | Cross-reference proper; kidnapping guideline applied |
| Proper base offense level under cross-reference | Douglas claims higher level based on aggravated battery should apply | Government argues under §2A6.2(c)(1) the kidnapping level is greater | Kidnapping level applied because it yields higher total offense level |
| Impact of facts undisputed and objections to PSR | Douglas did not object to facts; argues no cross-reference | Undisputed facts support cross-reference | District court could rely on undisputed facts to apply cross-reference |
Key Cases Cited
- United States v. Grays, 638 F.3d 569 (8th Cir. 2011) (affirming cross-reference when facts show additional offense)
- United States v. Meyers, 401 F.3d 959 (8th Cir. 2005) (fact pattern analogous; cross-reference considered)
- Baggett v. United States, 342 F.3d 536 (6th Cir. 2003) (no cross-reference to kidnapping where acquittal occurred; relevance questioned)
- United States v. Howell, 606 F.3d 960 (8th Cir. 2010) (district court may rely on undisputed facts for cross-reference)
- United States v. Gallimore, 491 F.3d 871 (8th Cir. 2007) (support for cross-reference based on core facts)
- United States v. Cowan, 196 F.3d 646 (6th Cir. 1999) (cross-reference permitted when underlying facts show other offense)