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United States v. Hines

United States District Court, D. Columbia.

October 15, 2014

UNITED STATES OF AMERICA,
v.
TYRONE HINES, Defendant

For TYRONE HINES, Defendant: James W. Rudasill, Jr., LEAD ATTORNEY, Washington, DC; Matthew G. Kaiser, LEAD ATTORNEY, Kaiser, LeGrand & Dillon PLLC, Washington, DC; Michelle M. Peterson, FEDERAL PUBLIC DEFENDER FOR D.C., Washington, DC.

For USA, Plaintiff: Barry Wiegand, III, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Asset Forfeiture/Money Laundering Section, Washington, DC; Catherine K. Connelly, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Washington, DC.

Page 105

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, UNITED STATES DISTRICT JUDGE.

Defendant Tyrone Hines was convicted at trial of one count of Bank Robbery and two counts of Attempted Bank Robbery. Mr. Hines was sentenced to a term of 132 months incarceration for each of the offenses, with the terms to run concurrently, followed by three years of supervised release with conditions. Presently before the Court is Mr. Hines' pro se [88] Motion for Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c),[1] which the Government opposes. Mr. Hines raises two specific objections to his sentence: (1) the Court should not have included a two-point enhancement based on the finding that Mr. Hines provided materially false information during his testimony at an evidentiary hearing; and (2) the Court should not have classified Mr. Hines as a career offender. Upon consideration of the pleadings,[2] the relevant legal authorities, and the record as a whole, the Court finds Mr. Hines is ineligible for a reduction of his sentence pursuant to section 3582(c). Accordingly, Mr. Hines' motion is DENIED.

I. BACKGROUND

Mr. Hines was charged by indictment with one count of Bank Robbery in violation of 18 U.S.C. § 2113(a) (count one), and two counts of Attempted Bank Robbery in violation of 18 U.S.C. § 2113(a) (counts two and three). Indictment, ECF No. [9]. Following a jury trial, Mr. Hines was found guilty on all three counts. Verdict Form, ECF No. [43].

At sentencing, the Court expressly adopted the Final Presentence Investigation Report as written. Transcript of Sentencing Hearing at 25:4, Cr. No. 10-50-01 (D.D.C. Mar. 30, 2011). For sentencing purposes, Mr. Hines' base offense level was 29 with a criminal history category of V. Final Presentence Investigation Report (" PSR" ) ¶ 121, ECF No. [59]. This included a two-level adjustment to Mr. Hines' base offense level for obstruction of justice

Page 106

as a result of the Court's finding that Mr. Hines provided materially false information during a suppression hearing. Id. ¶ 29. Mr. Hines had a total of 11 criminal history points, establishing his criminal history category of V. Id. ¶ 68. Mr. Hines' 11 criminal history points were calculated as follows:

1. Three points based on a conviction on June 19, 2009, of attempted robbery in the Superior Court of the District of Columbia (2002-FEL-2514), id. ¶ 62;
2. One point based on convictions on August 1, 2006, of petit larceny in the Commonwealth of Virginia's Fairfax County General District Court (GC06065171-00 and GC06065173-00), id. ¶ 63;
3. Two points based on convictions on April 24, 2008, of forgery, obtaining money under false pretense, and uttering and delivering a forged check in the Commonwealth of Virginia's Prince William County Circuit Court (CR66289, CR66290, and CR66291), id. ¶ 64;
4. Three points based on convictions on November 7, 2008, of uttering and delivering a forged check and attempting to obtain money under false pretense in the Commonwealth of Virginia's Fairfax ...

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