United States v. Troy R. Singleton

Troy Randall Singleton (“Singleton”) appeals the sentence he received for possession of a firearm by an ex-felon. Singleton claims that the district court improperly departed from the Sentencing Guidelines (“Guidelines”). The court gave the following three reasons for its departure: (1) Singleton’s criminal history category inade quately reflected his past criminal behavior and the likelihood he would commit further crimes, (2) when Singleton was arrested he inflicted significant physical injury on a police officer, and (3) Singleton disrupted a government function.

We vacate the sentence and remand for resentencing.

BACKGROUND FACTS

In November of 1987, Singleton was incarcerated in an Oregon State penitentiary where he was serving a five-year sentence for felony assault. Singleton escaped from the penitentiary and was next located by the police in February of 1988. At that time, the police had noticed Singleton riding as a passenger in a truck in Roseburg, Oregon. They set up a roadblock to capture Singleton but he jumped out of the truck and fled on foot. The police were unable to apprehend Singleton, but they did find a loaded revolver in a yard through which Singleton had…