United States v. Ty Fowles

MEMORANDUM

Defendant-Appellant Ty Fowles pled guilty to racketeering in violation of 18 U.S.C. § 1962 (c) and racketeering conspiracy under 18 U.S.C. § 1962 (d). He appeals his sentence, arguing: (1) the district court erred in treating each of the attempted murders underlying Fowles’ RICO convictions separately, rather than grouping them for purposes of calculating his offense level; (2) the district court should have treated Fowles’ attempted murders of Ryan and Tobius as prior sentences; and (3) the district court erred in failing to reduce Fowles’ sentence for time he served in state custody. We affirm.

1. The district court did not err in treating each of the attempted murders underlying Fowles’ RICO convictions separately for purposes of calculating his offense level. The Sentencing Guidelines explicitly exclude attempted murder from the offenses that are to be grouped in calculating a defendant’s offense level. U.S.S.G. § 3D1.2.

Furthermore, because this court’s remand to the district court for re-sentencing was “upon an open record,” the district court was permitted to “consider any matters relevant to sentencing, even those that may not have been raised at the first…