United States v. Tony Williams
671 F. App'x 159
| 4th Cir. | 2016Background
- Defendant Tony Obrien Williams pleaded guilty to interstate transportation for prostitution (18 U.S.C. § 2421) and use of an interstate facility to promote prostitution (18 U.S.C. § 1952(a)(3)).
- The district court calculated a Guidelines range of 46–57 months (total offense level 17, Criminal History Category V).
- The court imposed an upward departure in two stages: (1) elevated Williams’ criminal history from Category V to VI under USSG § 4A1.3(a); (2) increased the total offense level from 17 to 22 to account for conduct not reflected in the Guideline calculation (citing physical injury and extreme conduct under USSG §§ 5K2.2 and 5K2.8).
- The court sentenced Williams to concurrent 84-month terms (low end of the departed range of 84–105 months).
- On appeal Williams challenged only the § 5K2.2-based portion of the upward departure, arguing the record lacked reliable evidence of significant physical injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred by departing upward under USSG § 5K2.2 for significant physical injury | Williams: record lacks reliable evidence anyone suffered significant physical injury from his conduct | Government: district court reasonably found physical injury and extreme conduct supporting departure; also relied on extreme-conduct ground | Affirmed: even assuming § 5K2.2 was erroneous, an independent extreme-conduct basis supports the upward departure and Williams waived challenge to that ground |
Key Cases Cited
- McCoy v. United States, 804 F.3d 349 (4th Cir. 2015) (reasonableness review under abuse-of-discretion standard for sentences)
- Dodd v. United States, 770 F.3d 306 (4th Cir. 2014) (factual findings reviewed for clear error; legal conclusions reviewed de novo)
- Evans v. United States, 526 F.3d 155 (4th Cir. 2008) (multiple independent rationales: appellate court need not reverse if one rationale stands)
- Snyder v. Phelps, 580 F.3d 206 (4th Cir. 2009) (issues not raised are waived)
- Gall v. United States, 552 U.S. 38 (2007) (sentencing reasonableness standard)