United States v. Ryan Scharber
2014 U.S. App. LEXIS 22788
8th Cir.2014Background
- Scharber pled guilty to §1855 arson of forest land and §844(i) malicious arson attempt; five-year mandatory minimum argued applied.
- District court accepted plea; Scharber later challenged the §844(i) minimum as unsupported by malice proof.
- Prosecution alleged Scharber admitted to placing a gas tank behind a Birch Lake Resort garage, planning fire.
- Plea colloquy included statements that he would set fire to the garage; court found a valid basis for guilt.
- Presentence report and plea agreement tracked §844(i) language showing malicious attempt to damage property used in interstate commerce.
- Court sentenced five years plus restitution after finding malice established; defendant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether malice proven; triggers §844(i) minimum. | Scharber (plaintiff) | Scharber | Malice proven; §844(i) minimum applies. |
| Whether Alleyne requires jury finding for minimum. | Alleyne requires jury fact-finding | Admitted facts allowed sentencing without jury finding | Alleyne not violated; admitted facts sufficed. |
| Whether §3553(a) supported departure below minimum. | Government motion or safety valve needed | No departure authority without motion; safety valve not argued | Court lacked authority to depart below minimum. |
Key Cases Cited
- United States v. Gamble, 327 F.3d 662 (8th Cir. 2003) (sufficient factual basis for guilty plea may be from plea, stipulations, colloquy)
- United States v. Bowie, 618 F.3d 802 (8th Cir. 2010) (factual basis may rely on presentence materials)
- United States v. Whaley, 552 F.3d 904 (8th Cir. 2009) (maliciously means willful disregard for likelihood of damage)
- United States v. Grady, 746 F.3d 846 (7th Cir. 2014) (support for finding §844(i) violation based on malicious attempt)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (mandatory-minimum facts must be found by jury)
- United States v. Hicks, 411 F.3d 996 (8th Cir. 2005) (permitted sentencing on admitted facts)
- United States v. Chacon, 330 F.3d 1065 (8th Cir. 2003) (departure authority limited to §3553(e)/(f))