United States v. Scott
654 F.3d 552
| 5th Cir. | 2011Background
- Scott pleaded guilty to being a felon in possession of a firearm and was sentenced to 63 months' imprisonment and three years' supervised release.
- PSR added two recency points (4A1.1(e)) for committing the instant offense within two years of release, yielding 10 criminal-history points before adjustments.
- Four deadly-conduct convictions from 1996 were treated as a single sentence under 4A1.2(a)(2), but 4A1.1(f) later added points for uncounted violence sentences.
- Amended PSR raised base offense level to 20 under 2K2.1(a)(4)(A) due to prior crimes of violence; 3 additional points were added under 4A1.1(f) for the uncounted sentences, total 13 points.
- At sentencing, the district court imposed a within-Guidelines sentence of 63 months after a one-level reduction for substantial assistance; Scott appealed.
- The Fifth Circuit affirmed on both the 4A1.1(f) and 4A1.1(e) issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 4A1.1(f) requires points for uncounted violence sentences | Scott argues 4A1.1(f) targets uncounted crimes of violence, i.e., the criminal episode. | Scott contends the enhancement attaches to the uncounted sentences, not the uncounted crime of violence. | Affirmed: points apply to uncounted sentences within the same episode, not the broad episode concept. |
| Whether recency points invalidated the sentence given later amendments | Scott argues recency points are irrelevant to recidivism and the amendment renders the sentence substantively unreasonable. | District court properly considered the then-applicable guidelines and refused a downward adjustment. | Affirmed: within-Guidelines sentence presumptively reasonable; no abuse in rejecting downward adjustment. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (procedural review of sentences under Gall standard; deferential review; within-Guidelines presumption of reasonableness)
- United States v. Armstrong, 550 F.3d 382 (5th Cir. 2008) (procedural-error framework and de novo review of guidelines application)
- United States v. Gutierrez-Hernandez, 581 F.3d 251 (5th Cir. 2009) (two-step review for reasonableness; factual findings reviewed for clear error; de novo on guidelines interpretation)
- United States v. Ruiz, 621 F.3d 390 (5th Cir. 2010) (presumption of reasonableness for within-Guidelines sentences; reliance on § 3553(a) factors)