United States v. Willie Greer
872 F.3d 790
| 6th Cir. | 2017Background
- Defendant Willie Greer, a county deputy, engaged in a late-night traffic stop during which a woman alleges he forced her to perform oral sex; investigators later recovered his semen and DNA.
- The woman reported a sexual assault; a detective interviewed Greer the same day and Greer lied about having any contact and later gave an alternate account.
- Greer pleaded guilty to witness tampering (18 U.S.C. §1512(b)(3)) after admitting the facts in a plea agreement; state charges were dismissed.
- The PSR applied USSG §2J1.2 with a cross-reference to USSG §2X3.1 (Accessory After the Fact) using the underlying offense guideline for aggravated rape (USSG §2A3.1), producing an adjusted offense level that yielded a 70–87 month advisory range; the court subtracted 3 levels for acceptance, added +6 for abuse of position, and sentenced Greer to 60 months (below guidelines).
- Greer objected to the §2X3.1 cross-reference (arguing the underlying offense must be proven/convicted) and sought downward departures for aberrant behavior (§5K2.20) and victim misconduct (§5K2.10); the district court denied those requests and the objection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §2J1.2(c) requires proof that an underlying offense was committed or convicted before applying cross-reference to §2X3.1 | Government: cross-reference applies to obstruction of investigations of serious crimes regardless of conviction | Greer: cross-reference applies only if underlying crime was shown (by preponderance) or convicted per commentary and precedents | Court: affirmed application of §2X3.1 without requiring conviction or proof of underlying crime; Kimble controls and other circuits agree |
| Whether Kimble is undermined or dicta after Booker/Shabazz | N/A (government relied on Kimble) | Greer: Kimble is dicta/undermined by Booker and inconsistent with Shabazz | Court: Kimble remains valid; Shabazz limited to its holding (use base offense level, not total), and does not bar cross-reference here |
| Whether sentencing court relied on unproven factual allegations (substantive reasonableness) | Government: court sentenced for lying to investigator; PSR facts unobjected to so admissible | Greer: court relied on unproven assertions (assault, intoxication, outstanding warrant) and over-weighted deterrence | Court: no error; sentencing focused on obstruction (lying); disputed facts were in PSR and largely unobjected to; emphasis on deterrence permissible |
| Denial of downward departures (§5K2.20 aberrant behavior; §5K2.10 victim misconduct) | Greer: conduct was aberrant and/or victim’s false report warranted downward departure | Government: district court properly declined to depart; record shows court understood its discretion | Court: affirmed; appellate jurisdiction to review denial of discretionary departure is limited and record shows court understood its discretion |
Key Cases Cited
- United States v. Kimble, 305 F.3d 480 (6th Cir. 2002) (cross-reference to §2X3.1 may be applied without proving defendant was an accessory after the fact)
- United States v. Shabazz, 263 F.3d 603 (6th Cir. 2001) (§2X3.1 requires use of the underlying offense’s base offense level, not the principal’s total offense level)
- United States v. Arias, 253 F.3d 453 (9th Cir. 2001) (proof of the underlying offense is immaterial to applying the §2J1.2(c) cross-reference)
- Stinson v. United States, 508 U.S. 36 (1993) (Sentencing Guidelines commentary is authoritative unless plainly erroneous or inconsistent)
- Beckles v. United States, 137 S. Ct. 886 (2017) (commentary is authoritative under Stinson)