United States v. Robinson

433 F.3d 31 (2005)

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United States v. Robinson

United States Court of Appeals for the First Circuit
433 F.3d 31 (2005)

  • Written by Haley Gintis, JD

Facts

In 2003, Anthony Robinson (defendant) was incarcerated for assaulting his wife, Rebecca. In 2004, Robinson was released, and a protection order prohibiting contact with Rebecca was issued. Shortly after Robinson’s release, Robinson, Rebeca, and their two children moved from Washington to Maine. The United States (plaintiff) charged Robinson with the interstate violation of a protection order. Robinson pleaded guilty. The US Probation Office (office) applied the federal sentencing guidelines (guidelines) to the case and submitted a final recommendation that Robinson be sentenced for a period between 37 and 46 months. The court reviewed the recommendation but conducted its own application of the guidelines. The judge explained that he was unwilling to reduce Robinson’s sentence because Robinson had not accepted responsibility for his actions because he tried to justify violating the order and continued to violate the order after his arrest by sending Rebecca letters. The judge also explained that because Robinson engaged in a pattern of harassing, threatening, and assaulting Rebecca, his sentence could be enhanced two levels pursuant to the guidelines. The judge determined that the recommended sentence under the guidelines was a period between 63 to 78 months. However, the judge ordered a 60-month sentence because the maximum sentence for an interstate protection-order violation was 60 months. Robinson appealed, arguing that the court erred by enhancing the sentence based on a pattern of abusive behavior and not reducing the sentence on the ground that he took responsibility for the crime.

Rule of Law

Issue

Holding and Reasoning (Stahl, J.)

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