United States v. Ramone Williams
Opinion
*662 After Ramone Williams pleaded guilty to firearm offenses, the district court 1 sentenced him to 60 months' imprisonment. Williams argues three Sentencing Guidelines issues on appeal. We affirm.
I. Background
In the summer of 2015, authorities found Williams in possession of loaded pistols and ammunition in his vehicle. At the time, he had two prior felony convictions in New York. After illegal weapons charges were filed, Williams pleaded guilty to being a felon in possession of a firearm, possessing a stolen firearm, and possessing a firearm with an obliterated serial number.
At the sentencing hearing, the district court determined that Williams's prior New York attempted second-degree robbery conviction is a crime of violence. It also assigned that conviction three criminal history points. The court calculated Williams's Guidelines range as 70 to 87 months and sentenced him to 60 months in prison on each count, to run concurrently.
II. Discussion
Williams raises three issues on appeal. First, he argues that his attempted second-degree robbery conviction does not qualify as a crime of violence. Second, he argues that the district court erroneously assessed three criminal history points for that offense, which he committed prior to age 18. Third, Williams contends that the district court improperly used the 2015 Guidelines Manual rather than the 2016 Guidelines Manual in effect at the time of his sentencing.
1. New York Attempted Second-Degree Robbery as Crime of Violence
Williams argues that his New York second-degree robbery conviction was not a crime of violence under the Guidelines. We review de novo the district court's determination that a conviction constitutes a crime of violence.
See
United States v. Rembert
,
The Guidelines set a base offense level of 20 if the defendant has a felony conviction for a "crime of violence." U.S.S.G. § 2K2.1(a)(4)(a). A prior felony may qualify as a crime of violence under either the force clause or as an enumerated offense.
See
*663
We conclude that Williams's New York attempted second-degree robbery conviction was for a crime of violence under the force clause.
2
We recently considered an almost identical state statute. In
Swopes
, the Missouri statute of conviction provided that "a person commits second-degree robbery 'when he forcibly steals property.' "
A person "forcibly steals" when, in the course of stealing:
he uses or threatens the immediate use of physical force upon another person for the purpose of: (a) Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or (b) Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft[.]
Similar to Missouri's statute, New York's second-degree robbery statute contains "forcibly steals" as an element.
See
In New York, force capable of causing physical pain or injury suffices to support a conviction just as in Missouri.
See, e.g.
,
People v. Barksdale
,
We therefore conclude that the district court did not err in determining that New York attempted second-degree robbery is a crime of violence.
4
However, even if Williams were correct that the court erred, any error would be harmless because it caused Williams no prejudice.
See
United States v. Idriss
,
The district court considered the
2. Criminal History Points
Williams next argues that the district court erred in assessing three criminal history points for the attempted second-degree robbery he committed in 2007, before he turned 18. He says that "as he was not convicted as an adult, he should not have been given three ... points towards his criminal history." Appellant's Br. at 26. We review for clear error the district court's calculation of criminal history points.
United States v. Simms
,
In considering offenses committed prior to age 18, the court must add three points "[i]f the defendant was convicted as an adult and received a sentence of imprisonment exceeding one year and one month." U.S.S.G. § 4A1.2(d)(1). Crucial to the inquiry is determining whether an offense committed prior to age 18 would be "classified as an adult conviction under the laws of the jurisdiction in which the defendant [wa]s convicted."
United States v. Hazelett
,
The Second Circuit has recognized that the New York youthful offender scheme is complex and the title "youthful offender adjudication" is far from dispositive.
United States v. Driskell
,
Without dispute, the record shows that Williams has a prior conviction for attempted second-degree robbery in Queens County Supreme Court.
See
Presentence Investigation Report (PSR) at 8,
United States v. Williams
, No. 4:15-cr-00257-GAF (W.D. Mo. Oct. 13, 2016), ECF No. 37. He committed the offense in July 2007, about three months before he turned 18. He was found guilty. Thus, his guilt was established-pursuant to U.S.S.G. § 4A1.2(a)(4) -in March 2008. Then, in April 2008, Williams was adjudicated a youthful offender. He was sentenced to one to three years' custody
5
and was housed in a maximum-security facility for adult males.
See
Driskell
,
3. Alleged Use of the Wrong Guidelines Manual
Williams last argues that the district court applied the 2015 Guidelines Manual rather than the Guidelines Manual in effect at the time of sentencing. We review de novo the district court's application of the Guidelines.
United States v. Steward
,
The district courts must use the Guidelines Manual in effect at the time of sentencing, unless doing so would violate the
Ex Post Facto
Clause. U.S.S.G. § 1B1.11. Here, the prepared PSR stated that the 2015 Guidelines Manual was used to determine Williams's offense level. However, Williams's sentencing occurred in spring 2017, when the 2016 Guidelines Manual was in effect. Fatal to Williams's argument is that he has not identified any prejudice by the alleged error: the relevant Guidelines provisions were unchanged between the 2015 and 2016 Guidelines Manuals. And Williams has not shown, or even argued, that the supposed error seriously affected the fairness, integrity, or public reputation of judicial proceedings.
See
Wilson
,
III. Conclusion
We affirm.
The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.
We therefore need not address whether it also qualifies as an enumerated offense.
See, e.g.
,
United States v. Harper
,
Persuasive authority from some of our sister circuits supports our conclusion.
See, e.g.
,
Perez v. United States
,
Williams also argues that the district court erred by failing to find that his prior felony involved "the use or carrying of a firearm, knife, or destructive device," which is required under the ACCA for prior juvenile adjudications.
See
An exhibit to Williams's sentencing memorandum indicates that Williams was sentenced in April 2008. The PSR, on the other hand, states that he was sentenced in March 2008. The date of the sentencing is not material to our analysis. What matters is that he was adjudicated a youthful offender after he was convicted of the crime.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Ramone N. WILLIAMS, Defendant-Appellant.
- Cited By
- 8 cases
- Status
- Published