US v. Edward Crow
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cr-00038-IMK-JSK-1 Copies to all parties and the district court/agency. [999582385].. [14-4815]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4815
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
EDWARD C. CROW,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg.
Irene M. Keeley,
District Judge. (1:13-cr-00038-IMK-JSK-1)
Submitted:
April 30, 2015
Decided:
May 13, 2015
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Brian J. Kornbrath, Federal Public Defender, Clarksburg, West
Virginia, for Appellant.
William J. Ihlenfeld, II, United
States Attorney, Tara Tighe, Assistant United States Attorney,
Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Edward
Crow
was
convicted
of
assaulting
a
federal
correctional officer, in violation of 18 U.S.C. § 111(a)(1), (b)
(2012); assaulting with a dangerous weapon with intent to do
bodily harm, 18 U.S.C. §§ 7(3), 113(a)(3) (2012); and possessing
a prohibited weapon, in violation of 18 U.S.C. § 1791(a)(2),
(b)(3) (2012).
The district court sentenced Crow to 240 months
of imprisonment.
On appeal, Crow argues that the district court
(1) admitted improper evidence of prior bad acts pursuant to
Fed. R. Evid. 404(b), (2) should have granted a mistrial due to
inadmissible expert testimony on the ultimate issue, and (3)
imposed an unreasonable sentence.
We affirm.
We review the admission of evidence of prior bad acts for
an abuse of discretion.
United States v. Williams, 740 F.3d
308, 314 (4th Cir. 2014).
“We will not find a district court to
have abused its discretion unless its decision to admit evidence
under Rule 404(b) was arbitrary and irrational.”
Id. (internal
quotation marks omitted).
Rule 404(b) prohibits introducing “[e]vidence of a crime,
wrong, or other act . . . to prove a person’s character in order
to
show
that
on
a
particular
occasion
accordance with the character.”
Government
may
offer
the
person
Fed. R. Evid. 404(b).
otherwise
inadmissible
acted
in
But the
evidence
to
“explain, repel, counteract, or disprove facts given in evidence
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by the opposing party.”
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United States v. Higgs, 353 F.3d 281,
329 (4th Cir. 2003) (internal quotation marks omitted).
Here,
the
Government
to
district
introduce
court
the
appropriately
challenged
opened the door to such evidence.
opened
the
door
as
to
permitted
evidence
the
because
Crow
Crow’s contention that he
testimony
from
one
witness,
another, is at odds with this Court’s precedent.
but
not
See Higgs, 353
F.3d at 329-30 (holding that Government was entitled to present
rebuttal
evidence
accused
presented
prison).
of
accused’s
testimony
disciplinary
that
he
was
infractions
avoiding
where
trouble
in
Therefore, this claim lacks merit.
We next review Crow’s contention that the district court
ought, sua sponte, to have declared a mistrial.
for plain error.
742,
754
(4th
demonstrate
Our review is
See United States v. Cabrera-Beltran, 660 F.3d
Cir.
that
an
2011).
error
To
(1)
show
plain
occurred,
(3) affected his “substantial rights.”
Olano, 507 U.S. 725, 732 (1993).
error,
(2)
was
Crow
must
plain,
and
See United States v.
Even then, “correction of the
error” is within our discretion, to be exercised only when “the
error
seriously
affects
the
fairness,
reputation of judicial proceedings.”
478
F.3d
247,
249
(4th
Cir.
2007)
quotation marks omitted).
3
integrity
or
public
United States v. Muhammed,
(internal
alteration
and
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“In a criminal case, an expert witness must not state an
opinion about whether the defendant did or did not have a mental
state that constitutes an element of . . . a defense.”
Evid. 704(b).
Fed. R.
This rule is “aimed at ameliorating the danger
associated with mental health testimony that the expert, who is
qualified only to explain medical concepts, will be called upon
to interpret legal ones.”
United States v. Smart, 98 F.3d 1379,
1388 (D.C. Cir. 1996) (internal alteration and quotation marks
omitted).
Consequently, an expert may “set out her medical and
psychological
knowledge”
regarding
the
defendant’s
mental
disease or defect; however, she cannot conclude “that the mental
illness
clouded
from wrong.”
the
defendant’s
ability
to
distinguish
right
United States v. Diekhoff, 535 F.3d 611, 619 (7th
Cir. 2008).
In this case, while we agree that the expert’s opinion ran
afoul of Rule 704(b), we find no evidence that the district
court
erred,
mistrial.
plainly
The
or
district
otherwise,
court
by
failing
immediately
to
order
sustained
a
Crow’s
objection, struck the testimony from the record, and issued a
proper limiting instruction.
In closing, we review for abuse of discretion Crow’s claim
that the district court imposed an unreasonable sentence.
Gall v. United States, 552 U.S. 38, 51 (2007).
See
In reviewing a
sentence for reasonableness, we first ensure that the district
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court
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committed
insufficient
factors
United
no
“significant
consideration
or
inadequate
States
v.
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of
procedural
the
18
explanation
Lynn,
592
F.3d
error,”
U.S.C.
of
the
572,
including
§ 3553(a)
sentence
575
(4th
(2012)
imposed.
Cir.
2010)
(internal quotation marks omitted).
In
its
explanation,
the
district
court
“must
make
individualized assessment based on the facts presented.”
552 U.S. at 50.
an
Gall,
“This individualized assessment need not be
elaborate or lengthy, but it must provide a rationale tailored
to the particular case at hand and adequate to permit meaningful
appellate review.”
(4th
Cir.
review,
2009)
we
United States v. Carter, 564 F.3d 325, 330
(internal
conclude
that
quotation
the
marks
district
omitted).
court
Upon
committed
no
procedural error.
We must also examine the substantive reasonableness of the
sentences,
considering
the
“totality
of
the
circumstances.”
Gall, 552 U.S. at 51.
The sentence imposed must be “sufficient,
but
necessary,”
not
greater
sentencing.
18
than
U.S.C.
§
to
3553(a).
satisfy
A
the
properly
purposes
of
calculated,
within-Guidelines sentence is presumed reasonable on appeal, and
an
appellant
bears
the
burden
to
“rebut
the
presumption
by
demonstrating that the sentence is unreasonable when measured
against the § 3553(a) factors.”
United States v. Montes-Pineda,
5
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445
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F.3d
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375,
379
(4th
Cir.
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2006)
(internal
quotation
marks
omitted).
Crow’s
ranges.
the
fell
within
their
respective
Guidelines
The court balanced the seriousness of the offense and
need
Crow’s
sentences
to
ensure
personal
order
in
history
of
correctional
isolation,
facilities
mental
against
illness,
and
institutionalization.
That the district court later sentenced Crow in a different
case, stemming from a wholly unrelated crime, to a sentence to
run consecutive to this sentence, does not make this sentence
substantively unreasonable.
“Judges have long been understood
to have discretion to select whether the sentences they impose
will run concurrently or consecutively with respect to other
sentences that they impose, or that have been imposed in other
proceedings.”
(2012).
from
the
Setser v. United States, 132 S. Ct. 1463, 1468
In any event, this assertion belongs in Crow’s appeal
latter
case.
We
thus
conclude
that
the
district
court’s sentence was reasonable.
We dispense with oral argument because the facts and legal
contentions
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED
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