In U.S. v. Turner, No. 05-14388 (Jan. 11, 2007), the Court affirmed theft convictions, and a 240-month sentence for said convictions.
The Court recognized that Bruton errors occurred when the trial court allowed two witnesses to testify about statements made by the defendant’s co-defendant spouse – statements which incriminated the defendant. However, because defense counsel failed to contemporaneously object, the Court reviewed the matter for plain error. In light of the ovewhelming evidence of guilt, the Court found no violation of Turner’s substantial rights, and therefore no plain error.
The Guideline sentence was 51-63 months, but the sentencing court imposed a 240-month sentence, exercising its discretion under 18 U.S.C. § 3553(a). The court based its decision on recorded phone conversations in which a co-defendant said he would have murdered the federal agents had he been present at the time of the arrest. The co-defendants also discussed how if they’d escaped they could have left the country. Reviewing the sentence for reasonableness, the Court found that the district court’s finding regarding a lack of remorse, and the other § 3553(a) factors it addressed, supported the 240-month sentence.
