Académique Documents
Professionnel Documents
Culture Documents
No. 13-4763
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (2:12-cr-00020-FL-3)
Argued:
Decided:
Kenneth
Dodd,
pleaded
guilty
district
court
applied
four-level
to
bribing
At sentencing,
enhancement
after
a . . . sensitive position.
Dodd
For the
I.
Rivers Correctional Institution (Rivers CI) is a private,
low-security facility that contracts with the Federal Bureau of
Prisons to house federal inmates.
This
cellular
telephones
items--into
the
two
and
Rivers
CI.
circumvented
the
tobacco
According
products--both
to
institutions
one
of
security
the
by
Dodd
presentence
investigation
report
determining
that
the
decision-making
officer
subsequently
investigation
report,
enhancement.
The
district
court
sensitive
position
or
sensitive
submitted
which
that
because
the
still
probation
find
position.
final
included
officer
have
the
probation
presentence
four-level
recommended
correctional
they
The
that
officers
substantial
occupy
the
a
authority,
influence, and control over inmates and are responsible for the
overall management, safety, and security of a given facility.
J.A. 83.
The district court sentenced Dodd on October 3, 2013.
the
hearing,
enhancement.
Dodd
The
renewed
district
his
objection
court
At
to
the
four-level
overruled
the
objection,
and
significantly
influence
inmates
lives
and
the
J.A.
51.
The
district
court
determined
that
the
applicable
II.
We review criminal sentences for abuse of discretion.
Gall
v.
United
States,
552
U.S.
38,
51
(2007).
See
Improper
id.
In
procedurally
such
situation,
unreasonable
and
the
resulting
subject
to
sentence
being
is
vacated.
United States v. McManus, 734 F.3d 315, 318 (4th Cir. 2013)
(quoting United States v. Hargrove, 701 F.3d 156, 161 (4th Cir.
2012)) (internal quotation mark omitted).
We
determine
calculation
was
whether
proper
by
district
reviewing
courts
that
Guidelines
courts
factual
States
v.
Bartko,
728
F.3d
327,
345
(4th
Cir.
2013)
(quoting United States v. Allen, 446 F.3d 522, 527 (4th Cir.
2006)) (internal quotation mark omitted).
Where a Guidelines
application
law
involves
mixed
question
of
and
fact,
the
2014).
clear
error
standard
interpretation,
de
applies;
novo
if
review
is
it
turns
on
appropriate.
legal
See
United
appeal
presents
question
of
Guidelines
U.S.S.G.
III.
Dodd argues on appeal that his sentence is procedurally
unreasonable because the correctional officers he bribed were
3
2C1.1(b)(3)); accord
United States v. Matzkin, 14 F.3d 1014,
1021 (4th Cir. 1994) (same).
A district courts application
turns primarily on fact where, unlike here, it depend[s] on an
evaluation and weighing of the factual details. United States
v. McVey, 752 F.3d 606, 610 (4th Cir. 2014).
5
position
to
the
the
Sentencing
enhancement.
Commission
Appellants
Br.
described
at
56.
as
The
Guidelines
precedent,
arguments,
and
and
correctional
relevant
finally
officers
explain
do
hold
why
a
then
we
turn
conclude
sensitive
to
Dodds
that
private
position
for
the
analysis
starts
with
the
text
of
U.S.S.G.
U.S.S.G.
level
decision-making
or
sensitive
position
as
one
that
is
behalf
of,
government
entity,
decision-making
government
or
by
process.
department,
agency,
substantial
Id.
influence
2C1.1
cmt.
or
other
over
n.4(A).
the
The
holds
Officials
a
in
enforcement
sensitive
a
position.
sensitive
officer,
an
position
election
turn
next
to
Id.
2C1.1
include
official,
cmt.
juror,
n.4(B).
a
and
any
This
court
law
other
Id.
relevant
precedent.
has
In United States v.
for
the
West
Virginia
Lottery
Commission
held
that
United
States
Navy
supervisory
engineer
and
in
decision
making
on
multi-million
dollar
Navy
Although
dictate
officials
the
outcome
discussed
of
therein
this
held
appeal
positions
because
the
markedly
public
different
In neither Matzkin
Dodd also cites United States v. Alter, in which an outof-circuit district court found that a director of a halfway
house was not a high-level government official because his
position placed him at a low level in the Bureau of Prisons
hierarchy and he lacked the legal authority to impose major
(Continued)
8
Only
one
circuit
has
considered,
correctional
in
officers
three
hold
unpublished
opinions,
whether
sensitive
position.
that
correctional
officers
occupy
position
significantly
influence
inmates
lives
and
the
entire
Chairez,
B.
Dodd makes four arguments in support of his contention that
the private correctional officers he bribed did not occupy a
sensitive position.
First, Dodd maintains that the officers did not make any
governmental
decision
substantial
influence,
Appellants
Br.
(High-level
at
or
wield
over
any
89;
cf.
decision-making
any
influence,
government
U.S.S.G.
or
agency
2C1.1
sensitive
much
less
decision.
cmt.
position
n.4(A)
means
entity,
decision-making
or
by
process.).
substantial
To
the
influence
contrary,
over
the
however,
the
of
empowered
Prisons,
the
government
officers
Bureau of Prisons.
to
make
agency.
decisions
This
on
arrangement
behalf
of
the
Dodds bribes
and
they
ignored
their
duty
to
enforce
the
institutions regulations.
Second, Dodd claims that the enhancement should not apply
to his offense because he did not intend for his bribes to
influence official acts.
He
Dodd
bribed
the
officers
to
use
their
position
to
officials
correctional
in
officers
do
sensitive
not
take
position--because
an
oath,
are
not
private
publicly
to
God
to
defend
the
United
State[s]
Constitution
are
We agree that
commentary
indicates
that
officials
include
officials
who
are
in
similarly
11
sensitive
situated
position
to
the
examples.
situated.
positions
wield
The
the
men
coercive
and
women
power
of
who
the
occupy
state
to
maintain
these
They are
Dodd
maintains
conceivable
outer
officers.
Appellants
officers
are
limits
the
it
covers
if
Br.
responsible
that
at
for
enhancement
private
1415.
We
maintaining
disagree.
safety
an
operates
integral
role
effectively.
in
ensuring
These
that
the
factors
no
correctional
and
has
These
security
And they
justice
distinguish
system
private
for
the
purposes
of
U.S.S.G.
2C1.1(b)(3).
correctional
officers
occupy
12
position
of
Two
First,
trust
in
institutions
that
are
both
inherently
dangerous,
Lewis
v.
Casey, 518 U.S. 343, 391 (1996), and critical to the functioning
of our justice system.
one
need
not
linger
when
thinking
about
the
sensitive
J.A. 51.
and
outside
of
the
prison.
Contraband
cellular
activity,
prison walls.
plan
escapes,
and
be
menace
outside
of
2009),
http://www.cdcr.ca.gov/News/Press_Release_Archive/2009_Press_Rel
eases/April_14.html (saved as ECF opinion attachment) (quoting
Matthew
Cate,
Secretary
of
the
are
officer.
We
similarly
California
Department
of
situated
to
law
enforcement
conclude
that
the
correctional
officers
Dodd
bribed
13
IV.
For the foregoing reasons, the judgment of the district
court is
AFFIRMED.
14