Walker v. United States of America, No. 6:2012cv08038 - Document 9 (N.D. Ala. 2015)

Court Description: MEMORANDUM OPINION. Signed by Judge Sharon Lovelace Blackburn on 6/22/15. (Attachments: # 1 Exhibit A)(MRR )
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Walker v. United States of America Doc. 9 Att. 1 FILED 2015 Case 6:08-cr-00076-SLB-TMP Document 20 Filed 02/03/11 Page 11 of 19 11 Jun-22 AM 09:50 U.S. DISTRICT COURT N.D. OF ALABAMA 1 SENTENCING. 2 PLEAD GUILTY TO CASES WITH MEN AND WOMEN. 3 BUT DEFINITELY MEN AND WOMEN, HE HAS MR. SIMPSON: WE ARE NOW GOING ON 4 DECADES. 5 SOMEBODY DIES. 6 ASKING COURT TO FASHION AN APPROPRIATE 7 SENTENCE , FOR ANYTHING ELSE, TO PROTECT THE 8 PUBLIC. IT'S TIME TO STOP, JUDGE, BEFORE 9 IT'S TIME TO STOP. THE COURT: AND I AM YOU KNOW, IN MY CAREER, I 10 THINK I HAVE ONLY DONE THIS ONE OTHER TIME THAT I 11 CAN REMEMBER. 12 GUIDELINES. 13 WHERE HE WAS FACING 18 MONTHS, I WENT TO THE 14 MAXIMUM TEN YEAR SENTENCE. 15 THE MAXIMUM TEN YEAR SENTENCE HERE, I THINK IT'S 16 APPROPRIATE. 17 APPEAL. 18 ONE OTHER TIME IN MY CAREER I DOUBLED IT, DOUBLED 19 THE GUIDELINES, ONE OTHER TIME I WENT 18 MONTHS TO 20 TEN YEARS ON A FELON IN POS 21 HISTORY OF THAT PARTICULAR DEFENDANT. AND I THINK 22 IT'S APPROPRIATE HERE, TOO, MR. REID. YOU HAVE 23 EXCELLENT REPUTATION WITH THE COURT AND YOU HAVE 24 SAID EVERYTHING YOU COULD POSSIBLY SAY ON BEHALF 25 OF YOUR CLIENT, BUT I AM GOING TO MAKE SOME I KNOW ONE TIME I DOUBLED THE AND ONE TIME ON A FELON IN POSSESSION I AM VARYING UPWARD TO NOW, I UNDERSTAND HE HAS A RIGHT TO I AM GOING TO MAKE SOME FINDINGS HERE. SSION BECAUSE OF Dockets.Justia.com Case 6:08-cr-00076-SLB-TMP Document 20 Filed 02/03/11 Page 13 of 19 13 1 ACTUALLY, THE HISTORY, THE CIRCUMSTANCES OF HIS 2 OFFENSE IS THAT HE ENGAGED IN A HIGH SPEED CHASE 3 AFTER HAVING ABDUCTED OR FORCIBLY CAUSED HIS 4 COMMON LAW WIFE TO 5 ENGAGED IN A HIGH SPEED CHASE WHICH ENDED ONLY 6 AFTER BOTH VEHICLES WRECKED AND THEY FOUND, IN THE 7 SEARCH OF HIS VEHICLE, A .22 CALIBER RIFLE. BUT THE REASON FOR THE LENGTH OF THE 8 9 IN THE CAR WITH HIM, SENTENCE IS THE DEFENDANT'S EXTENSIVE HISTORY, 10 WHICH IS FILLED WITH VIOLENT AND ASSAULT 11 BEHAVIORS. 12 FISTS AND HIS VEH 13 OVER THE YEARS. 14 KILL. 15 EARLY AS 1983, AND HE HAS ENGAGED IN CRIMINAL 16 ACTIVITY FOR ALMOST 30 YEARS -- 28 YEARS. 17 HE WAS CONVICTED OF SIMPLE ROBBERY, HE WAS ARMED 18 WITH A DANGEROUS WEAPON. 19 ROBBERY. 20 INTERSTATE, PULLED A KNIFE ON THE VICTIM, MADE THE 21 VICTIM DRIVE ALONG COUNTRY ROAD, STRIPPED THE 22 VICTIM OF HIS PANTS, WATCH, RING, BRACELET, WALLET 23 AND HIS CAR. 24 CARRYING A CONCEALED WEAPON. 25 MOTEL AND A SEARCH INCIDENT TO AN ARREST YIELDED A HE HAS USED KNIVES, HE HAS USED HIS TO ACT OUT HIS AGGRESSION HAS VERBALLY THREATENED TO THESE BEHAVIORS HAVE BEEN DOCUMENTED AS 1983, 1987, CONVICTED OF ARMED HE HITCHHIKED A RIDE ALONG AN IN 2002, HE WAS CONVI OF HE WAS DRUNK IN A Case 6:08-cr-00076-SLB-TMP Document 20 Filed 02/03/11 Page 14 of 19 14 1 LOCKED BLADE BUTTERFLY KNIFE. IN 2004, HE WAS CONVICTED OF ASSAULT 2 WAS BEING ESCORTED AWAY FROM A 3 THIRD DEGREE. 4 PLANT AFTER BEING FIRED AND HE PUNCHED THE VICTIM, 5 BREAKING HIS JAW. 6 HARASSMENT. 7 DOROTHEA HUTTON 8 WRITING. 9 WITH IT, END QUOTE. 2005, HE WAS CONVICTED OF HE THREATENED TO KILL A VICTIM, EXCUSE ME, I CAN'T READ MY OWN HUDSON, EXCUSE ME, AND, QUOTE, GET AWAY IN 2007, AS PART OF THE INCIDENT 10 11 OFFENSE, HE PLED GUILTY TO ATTEMPTING TO ELUDE 12 AND I WILL JUST READ INTO THE RECORD PART OF THE 13 PRESENTENCE REPORT WITH REGARD TO 14 THE DEFENDANT, THIS IS FROM PARAGRAPH TEN, 15 ATTEMPTED TO 16 BY OFFICERS WHO RESPONDED TO MR. HOWARD'S CALL 17 REGARDING HIS DAUGHTER'S ABDUCTION. 18 CHASE CREATING SUBSTANTIAL RISK OF 19 SERIOUS BODILY INJURY TO ANOTHER PERSON BEGAN 20 WITHIN WALKER COUNTY AND ENDED AFTER BOTH VEHICLES 21 WRECKED. 22 OF THE JASPER, ALABAMA, POLICE DEPARTMENT WAS 23 TAKEN TO A HOSPITAL; HOWEVER, NO L 24 INJURIES WERE SUSTAINED. 25 INCIDENT. THE SCENE WHEN HE WAS OBSERVED A HIGH SPEED OR FOLLOWING CHASE, CAPTAIN LARRY CANTRELL THREATENING HOWEVER, OF COURSE, JUST HAVING ENGAGED Case 6:08-cr-00076-SLB-TMP Document 20 Filed 02/03/11 Page 15 of 19 15 1 IN THE HIGH SPEED CHASE, COULD HAVE NOT ONLY 2 KILLED HIMSELF AND THE PERSON IN THE CAR WITH HIM 3 BUT OTHER PEOPLE THAT WERE ON THE HIGHWAY AT THE 4 TIME. IN 2008, HE WAS CONVICTED OF SIMPLE 5 6 ASSAULT, HAVING CAUSED BODILY INJURY AS TO ANOTHER 7 VICTIM, GLORIA LEWIS. 8 OF METHAMPHETAMINE USE SPANNING ABOUT TEN YEARS, 9 FROM 2000 TO MAY 2010. DEFENDANT HAS A HISTORY THE COURT FINDS THAT A 120 10 MONTH SENTENCE IS REQUIRED IN THIS CASE TO REFLECT 11 THE SERIOUSNESS OF THE OFFENSE, TO PROMOTE RESPECT 12 FOR THE LAW, TO PROVIDE JUST PUNISHMENT. 13 NECESSARY TO AFFORD -- SERIOUSLY NECESSARY TO 14 AFFORD ADEQUATE DETERRENCE TO CRIMINAL CONDUCT AND 15 TO PROTECT THE PUBLIC FROM FURTHER CRIMES OF THE 16 DEFENDANT. 17 IT IS THERE HAVE BEEN SEVERAL VICTIMS 18 AFFECTED BY THIS DEFENDANT'S CRIMINAL CONDUCT. 19 MEN AND WOMEN HAVE 20 WHILE LAW ENFORCEMENT OFFICERS HAVE RISKED THE 21 LIVES ARRESTING THIS DEFENDANT WHILE HE WAS ARMED 22 WITH DANGEROUS WEAPONS, KNIVES AND GUNS. 23 COURT IS OF THE OPINION THAT THE DEFENDANT POSES A 24 SERIOUS DANGER TO SOC 25 PAST CLEARLY SHOW ME THAT DETERRENCE IS THE ONLY HUMILIATED AND ASSAULTED THE HIS CHOICES IN THE Case 6:08-cr-00076-SLB-TMP Document 20 Filed 02/03/11 Page 16 of 19 16 1 EFFECTIVE TOOL TO PROTECT THE PUBLIC FROM HIS 2 PREDATORY BEHAVIOR. I AM NOT IMPOSING A FINE DUE TO THE 3 4 DEFENDANT'S INABILITY TO PAY A FINE. 5 ORDERED THE DEFENDANT SHALL PAY THE UNITED STATES 6 SPECIAL ASSESSMENT FEE OF $100. 7 FEE IS DUE IMMEDIATELY. 8 IMPRISONMENT, THE DEFENDANT WILL BE PLACED ON 9 SUPERVISED RELEASE FOR THREE YEARS. IT IS THE ASSESSMENT UPON RELEASE FROM WHILE ON 10 SUPERVISED RELEASE, THE DEFENDANT SHALL COMPLY 11 WITH THE STANDARD CONDITIONS OF SUPERVISED RELEASE 12 OF RECORD IN THIS COURT AND THE FOLLOWING SPECIAL 13 CONDITIONS. 14 ONE, DUE TO THE DEFENDANT'S REPORTED 15 DRUG USE HISTORY, HE SHALL PARTICIPATE UNDER THE 16 ADMINISTRATIVE SUPERVISION OF HIS PROBATION 17 OFFICER IN DRUG AND ALCOHOL INTENSIVE COUNSELING 18 AND AFTERCARE SERVICE PROGRAM CONDUCTED BY THE 19 PROBATION OFFICE, OR A COMPARABLE PROGRAM 20 CONDUCTED IN HIS DISTRICT OF SUPERVISION. 21 TWO, DUE TO THE DEFENDANT'S ASSAULTIVE 22 TENDENCIES, HE SHALL PARTICIPATE IN A MENTAL 23 HEALTH ANGER MANAGEMENT PROGRAM UNDER THE 24 ADMINISTRATIVE SUPERVISION OF HIS PROBATION 25 OFFICER. HE SHALL CONTRIBUTE TO THE COST OF