United States v. Lavelle Parks
2012 U.S. App. LEXIS 24479
| 6th Cir. | 2012Background
- Parks pled guilty to bank robbery resulting in the killing of another in violation of 18 U.S.C. § 2113(e) under Rule 11(c)(1)(C) with a 372-month sentence and reserved an appeal on whether § 2113(e) requires mens rea.
- On remand, the district court held that the FDPA amendment to § 2113(e) makes death-result cases subject to a mandatory life sentence and that Parks’ plea agreement bound the district court.
- Parks challenged the mandatory-minimum determination and moved to withdraw his guilty plea; the district court denied the motion and reinstated the 372-month sentence.
- This court reviews the district court’s interpretation of an appellate mandate de novo and held that § 2113(e) contains no mens rea requirement and the conviction is affirmed.
- The court concluded that § 2113(e) provides a ten-year minimum when no death results, but death-or-life penalties when death results; the structure and history support treating death as triggering life imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the mandatory minimum under §2113(e) triggered as life imprisonment when death results? | Parks argues the statute does not mandate life. | Government contends death results require life or death per FDPA. | Yes, life imprisonment mandatory when death results. |
| Did the remand mandate limit the district court to the mens rea issue and permit the life sentence ruling? | Parks argues broader issues remained on remand. | Government argues remand limited to determining mandatory minimum. | Mandate foreclosed reconsideration; life sentence upheld. |
| Was the district court's denial of Parks’s motion to withdraw his guilty plea proper? | Parks asserts plea withdrawal due to misinformed about consequences. | Government argues Haygood factors support denial. | Yes, denial proper under Haygood factors; plea valid. |
Key Cases Cited
- Harmelin v. Michigan, 501 U.S. 957 (1991) (upholds mandatory life in certain crimes; constitutional.)
- United States v. Beverly, 369 F.3d 516 (6th Cir. 2004) (life imposition not cruel and unusual for getaway driver.)
- United States v. Hill, 55 F.3d 1197 (6th Cir. 1995) (statutory interpretation with legislative history; no scienter.)
- United States v. Haynes, 468 F.3d 422 (6th Cir. 2006) (deference to Haygood factors in plea withdrawal.)
- United States v. Paige, 634 F.3d 871 (6th Cir. 2011) (panel cannot overrule prior published decision.)
- United States v. Moore, 131 F.3d 595 (6th Cir. 1997) (reiteration of mandate and reassessment limits.)