United States v. Ronald Kaye Henderson

Ronald Henderson pleaded guilty to being a felon in possession of a firearm. Henderson has prior convictions for murder and child molestation. At Henderson’s sentencing, the district court found that Henderson did not qualify as a career offender. The court made the preliminary finding that Henderson’s base offense level was 12 and with acceptance of responsibility his adjusted offense level was 10; the court also found Henderson had a category IV criminal history.

The district court stated that Henderson’s criminal history category under-represented the seriousness of his past actions. However, instead of raising Henderson’s criminal history category, the court raised the offense level to 16. This gave Henderson a guideline range of 33 to 41 months; the court sentenced Henderson to 37 months. 1 Henderson appeals the grounds and the manner of the upward departure.

I

Departure from the Sentencing Guidelines is reviewed de novo. Williams v. United States, — U.S. -, -, 112 S.Ct. 1112, 1120 , 117 L.Ed.2d 341 (1992). Under Williams, we must first determine whether the sentence was in violation of law or an incorrect application of the guidelines; second, we must determine whether…

concurring:

I reluctantly agree with this opinion. Under the applicable law and the sentencing guidelines in effect at the time Henderson committed the offense of being a felon in possession of a firearm, I agree that we have no alternative but to reverse the upward departure regardless of my sympathy with the trial judge’s effort to reach a result somewhat more in the public’s interest. Nevertheless, I am shocked at the result which will release this apparently vicious and dangerous person on society in the very near future.

The record indicates that Henderson committed a particularly atrocious murder in which he mutilated a woman with a beer can opener. A second woman identified Henderson as having attacked her, inflicting wounds on her body and forcing some type of tool into her vagina. Upon being released on parole, he molested a child of tender age. After his conviction and sentence for that crime, he was again quickly paroled only to be arrested on the current charge of purchasing two handguns which he alleged were for the purpose of “shooting varmints.” It does not take an expert on recidivism to conclude the chances are high that this individual will commit another…

concurring in the result:

I concur in the result and join in Judge Boochever’s concurring opinion.

993 F.2d 187 UNITED STATES of America, Plaintiff-Appellee, v. Ronald Kaye HENDERSON, Defendant-Appellant. No. 92-10193. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 12, 1993. Decided May 17, 1993. Robert J. McWhirter, Asst. Federal Public Defender, Phoenix, AZ, for defendant-appellant. Frederick A. Battista, Sp. Asst. U.S. Atty., Phoenix, AZ, argued (Geraldine S. Miller, Sp. Asst. U.S. Atty., Phoenix, AZ, signed the brief), for plaintiff-appellee. Appeal from the United States District Court for the District of Arizona. Before: PREGERSON, BOOCHEVER, and BEEZER, Circuit Judges. BEEZER, Circuit Judge: 1 Ronald Henderson pleaded guilty to being a felon in possession of a firearm. Henderson has prior convictions for murder and child molestation. At Henderson's sentencing, the district court found that Henderson did not qualify as a career offender. The court made the preliminary finding that Henderson's base offense level was 12 and with acceptance of responsibility his adjusted offense level was 10; the court also found Henderson had a category IV criminal history. 2 The district court stated that Henderson's criminal history category under-represented…