United States v. Gary Rickert, Sr.
2012 U.S. App. LEXIS 14772
| 8th Cir. | 2012Background
- Rickert and his son fraudulently obtained about $4.9 million in loans between Nov 2006 and Jun 2007 to acquire high-end Missouri properties.
- Rickert pleaded guilty to one count of bank fraud; government dismissed the remaining eight counts of the indictment.
- Prior to sentencing, Rickert objected to the PSR; forged letters alleging drug addiction and mental health issues were later shown to be forgeries; objections were withdrawn and new counsel appointed.
- Rickert has a long history of mental illness, including schizophrenia, bipolar disorder, and major depression; he was hospitalized in Sept 2010 and Oct 2010 for severe psychiatric issues.
- At the Oct 2010 sentencing, Rickert’s attorney sought a competency hearing; the district court denied, finding no reasonable cause to believe incompetency and noting lack of current medical records.
- Rickert was lucid at the Oct 2010 sentencing allocution; a later Rule 35(a) motion led to a March 2011 resentencing, where the court imposed a 72-month sentence after enhancements and adjustments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by denying a competency evaluation. | Rickert | Rickert | No abuse of discretion; no reasonable cause shown to doubt competency. |
| Whether the district court correctly applied the obstruction of justice enhancement. | Rickert | Rickert | The enhancement was properly applied; the forged letters were material and could affect sentencing. |
| Whether Rickert was entitled to a three-level reduction for acceptance of responsibility. | Rickert | Rickert | No; post-plea obstructive conduct and lack of voluntary termination weighed against a reduction. |
| Whether the district court erred by discussing rehabilitation in reviewing sentence under 18 U.S.C. § 3582(a) (Tapia). | Rickert | Rickert | No error; court may discuss rehabilitation opportunities without lengthening sentence for rehabilitation purposes. |
Key Cases Cited
- Dusky v. United States, 362 U.S. 402 (1960) (standard for competence to stand trial)
- Pate v. Robinson, 383 U.S. 375 (1966) (due process requires competency hearing when doubt exists)
- Drope v. Missouri, 420 U.S. 162 (1975) (courts must evaluate for mental competency based on multiple factors)
- Gall v. United States, 552 U.S. 38 (2007) (reasonableness standard and consideration of 3553(a) factors)
- Honken v. United States, 184 F.3d 961 (8th Cir. 1999) (extraordinary acceptance-of-responsibility analysis after obstructive conduct)
- Tapia v. United States, 131 S. Ct. 2382 (2011) (courts may urge rehab opportunities but not lengthen sentences for rehabilitation)