United States v. Robert Sykes, Jr.
671 F. App'x 199
| 4th Cir. | 2016Background
- Appellant Robert William Sykes, Jr. pleaded guilty to two counts of robbery affecting commerce (Hobbs Act, 18 U.S.C. § 1951(a)).
- District court sentenced Sykes to 72 months’ imprisonment.
- Sykes sought a three-level attempt reduction under U.S.S.G. § 2X1.1(b)(1) for one count, arguing the offense was an attempt rather than a completed offense.
- Sykes also moved for a downward departure under U.S.S.G. § 4A1.3(b), arguing his criminal history category overrepresented his prior record.
- The district court denied both the § 2X1.1 reduction and the § 4A1.3(b) departure; Sykes appealed.
- The Fourth Circuit reviewed the guideline calculation de novo (facts for clear error) and whether the court misunderstood its authority to depart.
Issues
| Issue | Plaintiff's Argument (Sykes) | Defendant's Argument (Gov't) | Held |
|---|---|---|---|
| Whether a three-level reduction under U.S.S.G. § 2X1.1(b)(1) applied to the second count | The offense was an attempt and warrants the three-level reduction | The offense was not an attempt warranting the reduction because acts necessary for completion had been performed or completion was imminent | Court affirmed denial of the reduction — no error in offense-level calculation |
| Whether the district court erred by denying a downward departure under U.S.S.G. § 4A1.3(b) | Criminal history category overrepresents seriousness and warrants a downward departure | District court properly exercised discretion and did not misunderstand its authority to depart | Court held it could not review the refusal to depart because the district court did not misapprehend its authority; appeal rejected |
Key Cases Cited
- United States v. Manigan, 592 F.3d 621 (4th Cir. 2010) (standard of review for Guidelines calculations)
- United States v. Taylor, 754 F.3d 217 (4th Cir. 2014) (elements of Hobbs Act offense—robbery/extortion and interference with commerce)
- United States v. Strayhorn, 743 F.3d 917 (4th Cir. 2014) (definition of robbery under the Hobbs Act)
- United States v. Louthian, 756 F.3d 295 (4th Cir. 2014) (appellate review limits when district court declines to depart but understood its authority)