United States District Court, District of Columbia
MEMORANDUM OPINION ON SENTENCING
ROSEMARY M. COLLYER UNITED STATES DISTRICT JUDGE.
November 1, 2018, David N. Carter came before this Court for
sentencing on a charge of Escape from Custody, 18 U.S.C.
§ 751(a), for walking away from Hope Village, a
Residential Reentry Center or halfway house located in the
District of Columbia, to which Mr. Carter had entered a plea
of guilty. This Court imposed a sentence of eleven (11)
months' incarceration with no supervision thereafter and
writes this memorandum opinion to explain its reasoning.
Carter's presence in Hope Village was part of a prior
sentence entered by the District of Columbia Superior Court.
Mr. Carter had been sentenced in the Superior Court on
November 22, 2011 to 20 months' custody and three years
of supervised release on two drug charges. His supervised
released was revoked due to violation on June 15, 2016 and he
was sentenced to an additional 30 months in custody. On
February 21, 2018, Mr. Carter was furloughed to Hope Village
by the Bureau of Prisons to complete the remainder of his
sentence, with a projected release date of August 17, 2018.
Carter left Hope Village on April 16, 2018 without
authorization and never returned. He was indicted in this
case on June 14, 2018 and arrested on June 29, 2018. Mr. Carter
pled guilty to Escape from Custody, in violation of 18 U.S.C.
§ 751(a), without a plea agreement. The maximum penalty
for his crime is a term of imprisonment not greater than five
years, a fine not to exceed $250, 000, a term of supervised
release of not more than three years, and a special
assessment of $100. As calculated by the Probation Office and
accepted by the Court, his adjusted Offense Level was 7 and
his total criminal history score was 21, which established a
criminal history category of VI. Therefore, the recommended
sentence under the United States Sentencing Guidelines was 15
to 21 months in custody.
Court received and reviewed sentencing memoranda from both
Mr. Carter and the government, heard argument at the
sentencing hearing, and heard from Mr. Carter himself. See
Gov't Sentencing Mem. [Dkt. 10]; Mr. Carter Sentencing
Mem. [Dkt. 11]. The government recommended a sentence of 20
months' incarceration and 36 months' supervised
release, coupled with 100 hours of community service. Mr.
Carter sought a sentence of time served and 24 months'
supervised release. There is no mandatory minimum.
sentencing, a United States District Judge must first
ascertain and consider the appropriate sentencing range
recommended by the Sentencing Guidelines. However, the
Guidelines are no longer mandatory and provide
recommendations based on national experience only. United
States v. Booker, 543 U.S. 220 (2005). To devise a
sentence that is “sufficient, but not greater than
necessary, ” courts must also fully consider the
sentencing factors identified in 18 U.S.C. § 3553(a).
Those relevant here include:
(1) the nature and circumstances of the offense and the
history and characteristics of the defendant;
(2) the need for the sentence imposed-
(A) to reflect the seriousness of the offense, to promote
respect for the law, and to provide just punishment for the
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the
(D) to provide the defendant with needed educational or
vocational training, medical care, or other correctional