Opinions of the United
2008 Decisions States Court of Appeals
for the Third Circuit
11-25-2008
USA v. Gayton
Precedential or Non-Precedential: Non-Precedential
Docket No. 05-4514
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-4514
UNITED STATES OF AMERICA
v.
CHRISTOPHER GAYTON,
Appellant.
Appeal from the Order of the United States District Court
for the Middle District of Pennsylvania
(D.C. Crim. No. 03-cr-00185)
District Judge: Honorable Thomas I. Vanaskie
Submitted Under Third Circuit L.A.R. 34.1(a)
on November 18, 2008
____________
Before: SCIRICA, Chief Judge, FUENTES, and HARDIMAN, Circuit Judges.
(Filed: November 25, 2008 )
OPINION
FUENTES, Circuit Judge:
Christopher Gayton appeals from his 100-month sentence following a guilty plea
for drug-related offenses. He argues that the District Court erred when it stated it had no
authority to consider Gayton’s fully discharged three-year state prison sentence on
unrelated charges under the United States Sentencing Guidelines. For the reasons stated
below, we will affirm.1
Because we write exclusively for the parties, we only discuss the facts and
proceedings to the extent necessary for resolution of this case. In May 2002, Gayton was
arrested in Pennsylvania and charged with possession with intent to manufacture or
deliver marijuana and other charges. The authorities released Gayton pending resolution
of the charges. In August 2002, operators of a local hotel summoned police when they
could not reach Gayton inside his room. Police found crack and cocaine, as well as other
contraband, in the room. Gayton was arrested on an outstanding warrant related to his
prior state drug charges. He subsequently served a three-year term in state prison.
While he was in state prison, a federal grand jury indicted Gayton on a charge of
conspiracy to distribute and possession with intent to distribute over 50 grams of crack
and cocaine. Gayton pled guilty, and after he completed his state sentence, the District
Court sentenced Gayton to 100-months’ imprisonment. The District Court did not
consider the conduct underlying his state prison sentence as relevant conduct in the
calculation of Gayton’s federal sentence.
Before the District Court formally imposed the sentence, Gayton, through his
1
The District Court had jurisdiction under 18 U.S.C. § 3231. We have jurisdiction
pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291.
2
counsel, asked the Court about credit for time served. The context of the conversation
that followed reflects that the District Court, as well as defense counsel, were referring to
time Gayton had already served in federal custody following his release from his state
sentence. The District Court noted that the Bureau of Prisons would give credit for the
time Gayton was in federal custody.
On appeal, Gayton argues that his question to the sentencing court reflected his
request for a downward departure under U.S.S.G. § 5G1.3 for time served in state prison,
and that it was error for the District Court to state that it had no authority to consider such
a request.2
We disagree with Gayton’s interpretation of the exchange between the District
Court and defense counsel during the sentencing hearing. The record demonstrates that
the District Court never indicated that it did not have the “authority” to consider a
downward departure, which Gayton never requested. In response to the defense’s
question about credit for time served, the District Court stated, “. . . Mr. Gayton
completed his state sentence on August 2 of this year, and . . . he’ll get credit on his
Federal sentence from August 2 forward. I don’t believe he’ll get credit for the time
before August 2.” (App. at 31.) The District Court continued, “. . . [T]he sentence
2
We review a District Court’s interpretation of the Guidelines de novo. United
States v. Pray, 373 F.3d 358, 360 (3d Cir. 2004). However, where a defendant fails to
object on the record, and raises the issue of a downward departure only on appeal, we
review the District’s Court’s decision for plain error. United States v. Pardo, 25 F.3d
1197, 1193 (3d Cir. 1994).
3
computation is a matter for the Bureau of Prisons . . . and you’ll get credit for all the time
that you’ve been in Federal custody.” (App. at 31.) After this discussion, Gayton
requested assignment to a prison close to his family, and in no way attempted to clarify
that he wanted credit for time served in state prison rather than the time he had already
spent in federal custody. Therefore, we conclude that Gayton did not request a downward
departure before or during sentencing.
Even assuming Gayton had formally moved for a downward departure based on
time served, the District Court was under no obligation to grant such a request. The
Guidelines state that a downward departure may apply where “a term of imprisonment
resulted from another offense that is relevant conduct to the instant offense of conviction
. . . and that was the basis for an increase in the offense level for the instant offense.”
U.S.S.G. § 5G1.3(b) (emphasis added). The District Court did not consider Gayton’s
state charges as “relevant conduct” in computing the federal sentence. The record
demonstrates that the District Court did not err by not decreasing Gayton’s sentence based
on his time served in state prison on unrelated state charges.
For the foregoing reasons, we will affirm the District Court’s judgment of
sentence.
4