United States v. Ricky Hatch
United States v. Ricky Hatch
Opinion
*874
Ricky Hatch pleaded guilty to trafficking firearms from Indiana into Chicago.
See
Hatch illegally brought handguns into Chicago three times. The first time, accompanied by Juwan Kemp, a large-scale Chicago gun dealer, he went to Indiana where an arms dealer informed him that he would sell guns to Indiana residents only, and so Hatch used his friend, Brittany Driver, who had an Indiana ID, to purchase seven pistols before returning to Chicago. Hatch made two more similar trips, paying over $2,700 cash altogether for 17 guns. Over the next year, Chicago police recovered five of these guns-some from felons and one even from a minor.
Federal authorities initiated an investigation. Hatch told Driver not to divulge any information to law enforcement, but she admitted anyway that she purchased guns for him. Hatch told a probation officer that he was a straw buyer for Kemp: he bought the guns for Kemp and did not know why Kemp wanted them. Hatch was indicted and pleaded guilty to unlawfully transporting firearms.
The district judge sentenced Hatch above the Guidelines to a 55-month prison term. The judge calculated a Guidelines range of 30 to 37 months based on an offense level of 19-which included a three-level reduction for accepting responsibility,
see
U.S.S.G. § 3E1.1 -and a criminal history category of I.
See
U.S.S.G. Ch. 5, pt. A. He then applied the factors set forth in
Almost daily the citizens of Chicago are bombarded with news stories of the gun violence that plagues this city. Children have been shot while playing in front of their own homes. Residents have been injured by stray bullets while inside their homes watching television. School children need to be escorted to school through "safe zones."
(R. 94 at 47.)
"I ... do not believe," the judge concluded, "that the Sentencing Guidelines as they are structured today adequately reflect the seriousness of this particular type of offense as it relates to this geographic area." The range, would "neither promote respect for the law nor deter others ... from committing these offenses." ( Id. at 48.)
On appeal, Hatch raises a series of procedural challenges. First, noting the prevalence of gun violence in cities across the country, he argues that the judge did not adequately explain why the Guidelines *875 sentence was insufficient in this "run-of-the-mill" case.
But the judge adequately explained how he considered local factors and why he categorically disagreed with the Guidelines. Judges may disagree with the Guidelines based on their own penal theory,
see
Spears v. United States
,
Hatch likens his case to that of
United States v. Robinson
, in which we vacated a drug dealer's sentence because the sentencing judge made irrelevant comments on broad issues of local and national scope that "undermine[d] our confidence in the fairness of the proceeding."
Hatch next argues that the judge did not explain sufficiently why the 55-month term complied with § 3553(a) 's parsimony principle, which requires courts to impose prison terms that are "sufficient, but not greater than necessary" to achieve the goals of sentencing.
See
Hatch also asserts that the judge failed to consider adequately his history and characteristics, such as his supportive family, steady employment, and lack of criminal history. But disagreement with how the judge weighs mitigating factors generally does not warrant reversal.
See
United States v. Warner
,
*876
Hatch then contends that the judge could not penalize him under § 3553 for not accepting responsibility because he credited Hatch for accepting it under § 3E1.1 of the Guidelines. A sentencing judge's decision to apply a three-level reduction under § 3E1.1, however, may differ from his analysis under § 3553(a), provided that the record supports that decision.
See
United States v. Smith
,
Finally, Hatch challenges his sentence's substantive reasonableness. He argues that the judge's emphasis on general deterrence was unreasonable because the theory that longer sentences deter illegal activity lacks empirical support. But § 3553(a)(2)(B) permits judges to consider general and specific deterrence, among the other sentencing factors.
See
United States v. Sunmola
,
AFFIRMED
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Ricky HATCH, Defendant-Appellant.
- Cited By
- 19 cases
- Status
- Published