United States v. Roger Leroy Hines

Opinion by Judge TROTT.

Roger Hines appeals the sentence imposed by the district court following his guilty pleas to making threats against the President, in violation of 18 U.S.C. § 871 , and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). He argues the district court erred in applying the Sentencing Guidelines by: (1) imposing a six-level enhancement for “conduct evidencing an intent to carry out” the threat; (2) failing to group both counts; (3) departing upward six levels because the President of the United States was the official victim; and (4) departing upward three levels based on Hines’s “extremely dangerous mental state” and underrepresented criminal history. We have jurisdiction pursuant to 18 U.S.C. § 3742 . Although we reject most of Hines’s arguments, we remand to the district court with instructions to explain the extent of its departure based on Hines’s dangerous mental state and underrepresented criminal history.

I

On January 13, 1992, Roger Hines stole a .357 magnum revolver and 50 rounds of ammunition in Oregon. He then travelled to Washington, D.C. in order to kill President George Bush and become famous. Armed with the gun,…