Walker v. United States of America

Filing 9

MEMORANDUM OPINION. Signed by Judge Sharon Lovelace Blackburn on 6/22/15. (Attachments: # 1 Exhibit A)(MRR )

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

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SENTENCING.

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PLEAD GUILTY TO CASES WITH MEN AND WOMEN.

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BUT DEFINITELY MEN AND WOMEN, HE HAS

MR. SIMPSON:

WE ARE NOW GOING ON

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DECADES.

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SOMEBODY DIES.

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ASKING

COURT TO FASHION AN APPROPRIATE

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SENTENCE

, FOR ANYTHING ELSE, TO PROTECT THE

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PUBLIC.

IT'S TIME TO STOP, JUDGE, BEFORE

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IT'S TIME TO STOP.

THE COURT:

AND I AM

YOU KNOW, IN MY CAREER, I

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THINK I HAVE ONLY DONE THIS ONE OTHER TIME THAT I

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CAN REMEMBER.

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GUIDELINES.

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WHERE HE WAS FACING 18 MONTHS, I WENT TO THE

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MAXIMUM TEN YEAR SENTENCE.

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THE MAXIMUM TEN YEAR SENTENCE HERE, I THINK IT'S

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APPROPRIATE.

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APPEAL.

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ONE OTHER TIME IN MY CAREER I DOUBLED IT, DOUBLED

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THE GUIDELINES, ONE OTHER TIME I WENT 18 MONTHS TO

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TEN YEARS ON A FELON IN POS

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HISTORY OF THAT PARTICULAR DEFENDANT.

AND I THINK

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IT'S APPROPRIATE HERE, TOO, MR. REID.

YOU HAVE

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EXCELLENT REPUTATION WITH THE COURT AND YOU HAVE

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SAID EVERYTHING YOU COULD POSSIBLY SAY ON BEHALF

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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

Case 6:08-cr-00076-SLB-TMP Document 20 Filed 02/03/11 Page 13 of 19 13

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ACTUALLY, THE HISTORY, THE CIRCUMSTANCES OF HIS

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OFFENSE IS THAT HE ENGAGED IN A HIGH SPEED CHASE

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AFTER HAVING ABDUCTED OR FORCIBLY CAUSED HIS

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COMMON LAW WIFE TO

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ENGAGED IN A HIGH SPEED CHASE WHICH ENDED ONLY

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AFTER BOTH VEHICLES WRECKED AND THEY FOUND, IN THE

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SEARCH OF HIS VEHICLE, A .22 CALIBER RIFLE.
BUT THE REASON FOR THE LENGTH OF THE

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IN THE CAR WITH HIM,

SENTENCE IS THE DEFENDANT'S EXTENSIVE HISTORY,

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WHICH IS FILLED WITH VIOLENT AND ASSAULT

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BEHAVIORS.

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FISTS AND HIS VEH

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OVER THE YEARS.

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KILL.

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EARLY AS 1983, AND HE HAS ENGAGED IN CRIMINAL

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ACTIVITY FOR ALMOST 30 YEARS -- 28 YEARS.

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HE WAS CONVICTED OF SIMPLE ROBBERY, HE WAS ARMED

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WITH A DANGEROUS WEAPON.

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ROBBERY.

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INTERSTATE, PULLED A KNIFE ON THE VICTIM, MADE THE

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VICTIM DRIVE ALONG COUNTRY ROAD, STRIPPED THE

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VICTIM OF HIS PANTS, WATCH, RING, BRACELET, WALLET

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AND HIS CAR.

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CARRYING A CONCEALED WEAPON.

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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

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LOCKED BLADE BUTTERFLY KNIFE.
IN 2004, HE WAS CONVICTED OF ASSAULT

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WAS BEING ESCORTED AWAY FROM A

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THIRD DEGREE.

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PLANT AFTER BEING FIRED AND HE PUNCHED THE VICTIM,

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BREAKING HIS JAW.

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HARASSMENT.

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DOROTHEA HUTTON

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WRITING.

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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

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OFFENSE, HE PLED GUILTY TO ATTEMPTING TO ELUDE

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AND I WILL JUST READ INTO THE RECORD PART OF THE

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PRESENTENCE REPORT WITH REGARD TO

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THE DEFENDANT, THIS IS FROM PARAGRAPH TEN,

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ATTEMPTED TO

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BY OFFICERS WHO RESPONDED TO MR. HOWARD'S CALL

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REGARDING HIS DAUGHTER'S ABDUCTION.

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CHASE CREATING SUBSTANTIAL RISK OF

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SERIOUS BODILY INJURY TO ANOTHER PERSON BEGAN

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WITHIN WALKER COUNTY AND ENDED AFTER BOTH VEHICLES

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WRECKED.

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OF THE JASPER, ALABAMA, POLICE DEPARTMENT WAS

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TAKEN TO A HOSPITAL; HOWEVER, NO L

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INJURIES WERE SUSTAINED.

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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

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IN THE HIGH SPEED CHASE,

COULD HAVE NOT ONLY

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KILLED HIMSELF AND THE PERSON IN THE CAR WITH HIM

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BUT OTHER PEOPLE THAT WERE ON THE HIGHWAY AT THE

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TIME.
IN 2008, HE WAS CONVICTED OF SIMPLE

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ASSAULT, HAVING CAUSED BODILY INJURY AS TO ANOTHER

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VICTIM, GLORIA LEWIS.

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OF METHAMPHETAMINE USE SPANNING ABOUT TEN YEARS,

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FROM 2000 TO MAY 2010.

DEFENDANT HAS A HISTORY

THE COURT FINDS THAT A 120

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MONTH SENTENCE IS REQUIRED IN THIS CASE TO REFLECT

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THE SERIOUSNESS OF THE OFFENSE, TO PROMOTE RESPECT

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FOR THE LAW, TO PROVIDE JUST PUNISHMENT.

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NECESSARY TO AFFORD -- SERIOUSLY NECESSARY TO

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AFFORD ADEQUATE DETERRENCE TO CRIMINAL CONDUCT AND

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TO PROTECT THE PUBLIC FROM FURTHER CRIMES OF THE

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DEFENDANT.

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IT IS

THERE HAVE BEEN SEVERAL VICTIMS

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AFFECTED BY THIS DEFENDANT'S CRIMINAL CONDUCT.

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MEN AND WOMEN HAVE

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WHILE LAW ENFORCEMENT OFFICERS HAVE RISKED THE

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LIVES ARRESTING THIS DEFENDANT WHILE HE WAS ARMED

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WITH DANGEROUS WEAPONS, KNIVES AND GUNS.

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COURT IS OF THE OPINION THAT THE DEFENDANT POSES A

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SERIOUS DANGER TO SOC

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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

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EFFECTIVE TOOL TO PROTECT THE PUBLIC FROM HIS

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PREDATORY BEHAVIOR.
I AM NOT IMPOSING A FINE DUE TO THE

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DEFENDANT'S INABILITY TO PAY A FINE.

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ORDERED THE DEFENDANT SHALL PAY THE UNITED STATES

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SPECIAL ASSESSMENT FEE OF $100.

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FEE IS DUE IMMEDIATELY.

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IMPRISONMENT, THE DEFENDANT WILL BE PLACED ON

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SUPERVISED RELEASE FOR THREE YEARS.

IT IS

THE ASSESSMENT

UPON RELEASE FROM

WHILE ON

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SUPERVISED RELEASE, THE DEFENDANT SHALL COMPLY

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WITH THE STANDARD CONDITIONS OF SUPERVISED RELEASE

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OF RECORD IN THIS COURT AND THE FOLLOWING SPECIAL

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CONDITIONS.

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ONE, DUE TO THE DEFENDANT'S REPORTED

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DRUG USE HISTORY, HE SHALL PARTICIPATE UNDER THE

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ADMINISTRATIVE SUPERVISION OF HIS PROBATION

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OFFICER IN DRUG AND ALCOHOL INTENSIVE COUNSELING

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AND AFTERCARE SERVICE PROGRAM CONDUCTED BY THE

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PROBATION OFFICE, OR A COMPARABLE PROGRAM

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CONDUCTED IN HIS DISTRICT OF SUPERVISION.

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TWO, DUE TO THE DEFENDANT'S ASSAULTIVE

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TENDENCIES, HE SHALL PARTICIPATE IN A MENTAL

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HEALTH ANGER MANAGEMENT PROGRAM UNDER THE

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ADMINISTRATIVE SUPERVISION OF HIS PROBATION

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OFFICER.

HE SHALL CONTRIBUTE TO THE COST OF