In U.S. v. Crawford, No. 03-15136 (May 2, 2005) (Edmondson, Marcus, Pryor), the Court reversed a district court’s sentencing finding that a defendant did not engage in more than minimal planning, and reversed a district court’s downward departure based on restitution. The Court remanded the case for resentencing in the advisory manner explicated by Booker.
The Court recognized that Booker had required a "reasonableness" standard on appellate review of sentences. The Court found that this reasonableness standard did not affect appellate review of the application of the sentencing guidelines. The Court noted that Booker requires a district court to "consult" and "take into account" the Guidelines. This "consultation requirement" obliges the courts to calculate correctly the sentencing range prescribed by the Guidelines.
The Court noted that the more than minimal planning Guideline focuses on "repeated acts over a period of time" which indicate greater culpability. The Court recognized a narrow exception for conduct in response to a sudden, fortuitous opportunity of which the defendant took advantage without deliberation. The Court noted that Crawford wrote 184 checks in furtherance of his illegal scheme. He had many opportunities to consider the consequences of his actions, but never ceased participation. Thus, contrary to the district court’s finding, the defendant’s conduct was not the product of fortuity, and the more than minimal planning enhancement applied.
The Court also reversed the downward departure based on restitution and remorse. The Court noted that the district court ruled before it had the opportunity to consider the Court’s extraordinary restitution opinion in U.S. v. Kim. Therefore, on remand, the Court "must apply the Kim test." The Court rejected as a basis for downward departure the use of unsophisticated means: "A defendant who uses unsophisticated means is not to be rewarded for lack of imagination."
Further, because the government had not filed a substantial assistance motion, assistance was not a basis for downward departure.
Finally, the Court recognized that the reliance on the disproportionate amount of loss amount was a valid basis for departure. The Court noted that "the amount of loss appears proportionate to the criminal acts committed by Crawford."
The Court found that the sentence was based on "an erroneous understanding of the Guidelines." The Court instructed the district court to calculate an advisory guideline range that includes more than minimal planning and considers a downward departure in a range consistent with its opinion.
