United States v. Johnny Mathis
476 F. App'x 22
5th Cir.2012Background
- Mathis pleaded guilty to criminal interference with a right to fair housing (§ 3631) and use of a firearm during a crime of violence (§ 924(c)).
- He received a within-guidelines sentence of 60 months for § 3631 and a consecutive 120 months for § 924(c).
- On appeal, Mathis challenges the district court’s calculation of the § 3631 guidelines range.
- The applicable guideline is U.S.S.G. § 2H1.1, which bases the base level on the greatest offense level among underlying offenses.
- The district court adopted the PSR, holding the most analogous underlying offenses were aggravated assault and arson, with arson producing the greatest level.
- Mathis contends he did not fire the residence, did not plead to § 844, and evidence could plausibly show fire from cooking; the court still relied on the PSR findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper base level under § 2H1.1? | Mathis contends arson guideline lacks support given no admission or § 844 conviction. | District court properly adopted PSR findings; arson guideline yields greatest level. | AFFIRMED; arson-based base level adopted. |
| Reliability of PSR finding that Mathis set the fire? | Mathis argues PSR evidence is unreliable and could be accidental. | PSR findings supported by victims’ statements and two arson investigations; unrebutted. | AFFIRMED; district court did not clearly err in relying on PSR. |
Key Cases Cited
- Booker v. United States, 543 U.S. 220 (2005) (posture of reasonableness review under 18 U.S.C. § 3553(a))
- Mares, 402 F.3d 511 (5th Cir. 2005) (reasonableness review under Booker framework)
- Gall v. United States, 552 U.S. 38 (2007) (procedural correctness of guidelines range and reasoning)
- Cisneros-Gutierrez, 517 F.3d 751 (5th Cir. 2008) (de novo review of guidelines application; findings of fact reviewed for clear error)
- Conner, 537 F.3d 480 (5th Cir. 2008) (reliability of PSR; burden on defendant to rebut immateriality)
- Ollison, 555 F.3d 152 (5th Cir. 2009) (adoption of PSR evidence at sentencing)
- Parker, 133 F.3d 322 (5th Cir. 1998) (standard for relying on PSR information)