United States v. Isaiah Wilson, Jr., 913 F.2d 136 (4th Cir. 1990). · Go Syfert
United States v. Isaiah Wilson, Jr., 913 F.2d 136 (4th Cir. 1990). Cases Citing This Book View Copy Cite
“the vulnerability that triggers 3a1.1 must be an unusual vulnerability which is present in only some victims . . . .”
43 citation events (6 in the last 25 years) across 12 distinct courts.
Strongest positive: United States v. Lloyd (ca4, 1996-10-18)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Lloyd
4th Cir. · 1996 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the vulnerability that triggers 3a1.1 must be an unusual vulnerability which is present in only some victims . . . .
discussed Cited as authority (rule) United States v. Thuy Luong
4th Cir. · 2025 · confidence medium
“But this ‘targeting’ requirement is no longer the law. ‘In 1995, the Sentencing Commission adopted Amendment 521, rendering it unnecessary for a sentencing court to find that a defendant had specifically targeted his victim.’ ” Etoty, 679 F.3d at 294 (quoting United States v. Bolden, 325 F.3d 471 , 501 n.35 (4th Cir. 2003)). 15 USCA4 Appeal: 22-4360 Doc: 65 Filed: 01/08/2025 Pg: 16 of 21 States v. Wilson, 913 F.2d 136, 138 (4th Cir. 1990); see also U.S.S.G. § 3A1.1 cmt. n. 2 (explaining that a bank teller is not an unusually vulnerable victim solely by virtue of the teller’s po…
discussed Cited as authority (rule) United States v. Leonard
10th Cir. · 2002 · confidence medium
We agree with the Fourth Circuit, which has specifically held that although § 4Al.l(c) clearly limits the amount of one-point convictions that can be used to arrive at the original criminal history category, the section “does not restrict a district court’s ability to consider these convictions in departing upward under § 4A1.3.” United States v. Wilson, 913 F.2d 136,139 (4th Cir.1990).
cited Cited as authority (rule) United States v. William A. Taylor
4th Cir. · 1999 · confidence medium
In United States v. Wilson, 913 F.2d 136, 138-39 (4th Cir. 1990), this Court made it clear that such departures are appropriate.
discussed Cited as authority (rule) United States v. Burke
4th Cir. · 1997 · confidence medium
AFFIRMED _________________________________________________________________ 7 United States v. Koon, 518 U.S. ___ , 64 U.S.L.W. 4512 , 4516-17 (U.S. June 13, 1996) (Nos. 94-1664, 94-8842). 8 U.S.S.G. § 4A1.3; United States v. Wilson, 913 F.2d 136, 138-39 (4th Cir. 1990). 9 See United States v. Jones, 31 F.3d 1304, 1316 (4th Cir. 1994) (acts attributable to defendant under U.S.S.G. § 1B1.3(a)(1)). 4
discussed Cited as authority (rule) United States v. James Edgar Burke, United States of America v. James Edgar Burke
4th Cir. · 1997 · confidence medium
P. 32(e); Moore, 931 F.2d at 248 5 Moore, 931 F.2d at 248 6 United States v. O'Brien, 853 F.2d 522, 527 (7th Cir.1988) 7 United States v. Koon, 518 U.S. ----, 64 U.S.L.W. 4512 , 4516-17 (U.S. June 13, 1996) (Nos.94-1664, 94-8842) 8 U.S.S.G. § 4A1.3; United States v. Wilson, 913 F.2d 136, 138-39 (4th Cir.1990). 9 See United States v. Jones, 31 F.3d 1304, 1316 (4th Cir.1994) (acts attributable to defendant under U.S.S.G. § 1B1.3(a)(1))
discussed Cited as authority (rule) United States v. Ram Singh (2×)
4th Cir. · 1995 · confidence medium
In United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990), we quoted with approval the Fifth Circuit’s formulation that “ ‘[t]he vulnerability that triggers § 3A1.1 must be an “unusual” vulnerability which is present in only some victims of that type of crime.’ ” Id. (quoting United States v. Moree, 897 F.2d 1329, 1335 (5th Cir.1990)).
discussed Cited as authority (rule) United States v. Miller
E.D. Pa. · 1994 · confidence medium
See United States v. Rowe, 999 F.2d 14, 17 (1st Cir.1993); United States v. Hershkowitz, 968 F.2d 1503, 1505 (2d Cir.1992); United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990); United States v. Cree, 915 F.2d 352, 354 (8th Cir.1990); United States v. Peters, 962 F.2d 1410 , 1416 n. 3 (9th Cir.1992); United States v. Creech, 913 F.2d 780, 782 (10th Cir.1990); United States v. Davis, 967 F.2d 516, 524 (11th Cir.1992); United States v. Jordan, 734 F.Supp. 687, 688-89 (E.D.Pa.1990) (Katz, J.); United States v. Boula, 787 F.Supp. 819, 825 (N.D.Ill.1992), aff'd in part and vacated in part on o…
cited Cited as authority (rule) United States v. Josh Small, A/K/A Chicken Small, A/K/A Chicken
4th Cir. · 1994 · confidence medium
United States v. Smith, 930 F.2d 1450, 1455 (10th Cir.), cert. denied, 60 U.S.L.W. 3263 (U.S.1991); United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990).
cited Cited as authority (rule) United States v. Christopher Gary
4th Cir. · 1994 · confidence medium
United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990).
discussed Cited as authority (rule) United States v. Richard L. Rowe (2×) also: Cited "see, e.g."
1st Cir. · 1993 · confidence medium
We think that even if we accept the government's assumption that small businesses are often limited in their sources for securing insurance, this does not itself show that measure of "unusual" or "peculiar" vulnerability or susceptibility of victims needed to invoke the guideline. 2See, e.g., Sabatino, 943 F.2d at 103 ; United States v. Paige, 923 F.2d 112, 113-114 (8th Cir. 1991); United States v. Creech, 913 F.2d 780, 781-82 (10th Cir. 1990); United States v. Wilson, 913 F.2d 136, 138 (4th Cir. 1990).
discussed Cited as authority (rule) United States v. Richard L. Rowe (2×) also: Cited "see, e.g."
1st Cir. · 1993 · confidence medium
We think that even if we accept the government's assumption that small businesses are often limited in their sources for securing insurance, this does not itself show that measure of "unusual" or "peculiar" vulnerability or susceptibility of victims needed to invoke the guideline. ____________________ 2See, e.g., Sabatino, 943 F.2d at 103 ; United States v. _________ ________ _____________ Paige, 923 F.2d 112, 113-114 (8th Cir. 1991); United States _____ ______________ v. Creech, 913 F.2d 780, 781-82 (10th Cir. 1990); United ______ ______ States v. Wilson, 913 F.2d 136, 138 (4th Cir. 1990).
discussed Cited as authority (rule) United States v. Richard L. Rowe
1st Cir. · 1993 · confidence medium
See, e.g., Sabatino, 943 F.2d at 103 ; United States v. Paige, 923 F.2d 112, 113-114 (8th Cir. 1991); United States v. Creech, 913 F.2d 780, 781-82 (10th Cir.1990); United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990).
discussed Cited as authority (rule) United States v. Alfred Octave Morrill, Jr.
11th Cir. · 1993 · confidence medium
See, e.g., U.S.S.G. § 3A1.1, comment, (nn. 1,2) (Nov. 1990); United States v. Davis, 967 F.2d 516, 524 (11th Cir.1992); United States v. Paige, 923 F.2d 112, 113-14 (8th Cir.1991); United States v. Wilson, 913 F.2d 136, 137-38 (4th Cir.1990); United States v. Moree, 897 F.2d 1329, 1335 (5th Cir.1990).
cited Cited as authority (rule) United States v. Jonathan Craig Songer
4th Cir. · 1992 · confidence medium
(Nov. 1989); United States v. Wilson, 913 F.2d 136, 138-39 (4th Cir. 1990).
discussed Cited as authority (rule) United States v. Jeana P. Lee (2×)
10th Cir. · 1992 · confidence medium
See United States v. Creech, 913 F.2d 780, 781-82 (10th Cir.1990) (newlywed status did not, by itself, render victims "vulnerable" for enhancement purposes); United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990) (district court's reliance on class membership could not support enhancement); United States v. Mejia-Orosco, 868 F.2d 807, 809 (5th Cir.1989) ("a judgment as to vulnerability is not reducible to a calculation of the victim's age").
discussed Cited as authority (rule) United States v. Luis M. Pavao
1st Cir. · 1991 · signal: cf. · confidence medium
Cf. United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990) (no special vulnerability when fraudulent solicitation sent randomly to inhabitants of town struck by tornado); United States v. Creech, 913 F.2d 780, 781-82 (10th Cir.1990) (no enhancement where defendant attempted to extort money by mail from newlywed husband, selected at random, by threatening wife); United States v. Paige, 923 F.2d 112, 113-14 (8th Cir.1991) (all convenience store clerks not necessarily vulnerable victims).
discussed Cited "see" United States v. Helen Kennedy
4th Cir. · 2021 · signal: see · confidence high
See United States v. Wilson, 913 F.2d 136, 138 (4th Cir. 1990) (stating that to trigger USSG § 3A1.1(b), the vulnerability “must be an unusual vulnerability which is present in only some victims of that type of crime” (internal quotation marks omitted)).
discussed Cited "see" United States v. Dawson
7th Cir. · 2012 · signal: see · confidence high
See United States v. Wilson, 913 F.2d 136, 139 (4th Cir.1990); see also United States v. Leonard, 50 Fed.Appx. 949, 952 (10th Cir.2002) (“The guidelines ... plainly contemplate that a defendant’s criminal history category may be increased based on the district court’s consideration of convictions not counted due to the four point limitation of Section 4Al.l(c).”).
discussed Cited "see" United States v. Henry C. Dawson
7th Cir. · 2012 · signal: see · confidence high
See United States v. Wilson, 913 F.2d 136, 139 (4th Cir. 1990); see also United States v. Leonard, 50 F. App’x 949, 952 (7th Cir. 2002) (“The guidelines . . . plainly contemplate that a defendant’s criminal history category may be increased based on the district courtʹs consideration of convictions not counted due to the four point limitation of Section 4A1.1(c).”).
discussed Cited "see" United States v. McCoy
4th Cir. · 1999 · signal: see · confidence high
See United States v. Wilson, 913 F.2d 136, 138-39 (4th Cir. 1990) (upholding upward departure based upon defendant's fifty-five worthless checks convictions).
discussed Cited "see" United States v. John Louis Teitloff
4th Cir. · 1995 · signal: see · confidence high
See United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990) (residents of town hit by tornado not unusually vulnerable to fraudulent request for disaster relief); United States v. Moree, 897 F.2d 1329, 1335 (5th Cir.1990) (indicted highway commissioner susceptible to defendant's offer to "fix" indictment, but not unusually vulnerable because health and age not factors). 13 But Woodson's old age and poor health were factors in Teitloff's theft and are qualities identified in the guideline as those which may make a victim unusually vulnerable.
cited Cited "see" United States v. Melvin Rogers
4th Cir. · 1994 · signal: see · confidence high
See United States v. Wilson, 913 F.2d 136, 138-39 (4th Cir.1990). 3 We find that the district court's departure was reasonable, 18 U.S.C.
cited Cited "see" United States v. Boula
N.D. Ill. · 1992 · signal: see · confidence high
See United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990). a.
discussed Cited "see" United States v. Randall W. Sutherland
7th Cir. · 1992 · signal: see · confidence high
See United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990); cf. United States v. Cree, 915 F.2d 352, 354 (8th Cir.1990) (defendant’s involuntary manslaughter sentence could not be enhanced for victim vulnerability because in committing an involuntary crime, defendant did not target anyone).
cited Cited "see, e.g." Hutira v. Islamic Republic of Iran
D.D.C. · 2002 · signal: see, e.g. · confidence medium
See, e.g., United States v. Wilson, 913 F.2d 136, 139 (4th Cir.1990) (finding no error in admitting into evidence a newspaper article that reported on a tornado).
discussed Cited "see, e.g." United States v. Nelson A. McCall
2d Cir. · 1998 · signal: compare · confidence medium
Compare United States v. Stover, 93 F.3d 1379 , 1388 (8th Cir.1996) (reversing enhancement in adoption fraud case because defendant targeted anyone willing to pay his fees), and United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990) (reversing enhancement where defendant mailed fraudulent solicitation letters to randomly selected P.O. boxes), with United States v. Holmes, 60 F.3d 1134, 1137 (4th Cir.1995) (affirming enhancement in fraud case where defendant singled out people with poor credit histories); see also United States v. Singh, 54 F.3d 1182, 1191 (4th Cir.1995) (“[I]n a proper §…
discussed Cited "see, e.g." United States v. Donald Ray Lloyd
4th Cir. · 1996 · signal: see also · confidence medium
First, the court must find that the victim was, as the language of the Guideline suggests, "unusually vulnerable." See U.S.S.G. § 3A1.1(b); Holmes, 60 F.3d at 1136 ; Singh, 54 F.3d at 1191 ; see also United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990) ("The vulnerability that triggers § 3A1.1 must be an unusual vulnerability which is present in only some victims ....") (internal quotation marks and citation omitted).
cited Cited "see, e.g." United States v. Leonard
5th Cir. · 1995 · signal: compare · confidence medium
Compare United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990) (randomly selected targets for phone fraud not vulnerable).
discussed Cited "see, e.g." United States v. Delaney Deron Holmes
4th Cir. · 1995 · signal: see also · confidence medium
See id.; see also United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990) (“The vulnerability that triggers § 3A1.1 must be an unusual vulnerability which is present in only some victims of that type of crime.”) (internal quotation marks and citation omitted). 3 .
discussed Cited "see, e.g." United States v. Allen Boyd Queen
4th Cir. · 1991 · signal: see, e.g. · confidence medium
See, e.g., United States v. Smith, 930 F.2d 1450, 1455 (10th Cir.1991). 11 We have previously recognized that " '[t]he vulnerability that triggers § 3A1.1 must be an 'unusual' vulnerability which is present only in some victims of that type of crime.' " United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990) (quoting United States v. Moree, 897 F.2d 1329, 1335 (5th Cir.1990)).
cited Cited "see, e.g." United States v. Gary Paige
8th Cir. · 1991 · signal: see also · confidence medium
See also United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990) (Wilkinson, J.).
cited Cited "see, e.g." UNITED STATES OF AMERICA v. RICHARD LEONARD
unknown court · signal: compare · confidence medium
Compare United States v. Wilson, 913 F.2d 136, 138 (4th Cir. 1990)(randomly selected targets for phone fraud not vulnerable).
cited Cited "see, e.g." UNITED STATES OF AMERICA v. RICHARD LEONARD
unknown court · signal: compare · confidence medium
Compare United States v. Wilson, 913 F.2d 136, 138 (4th Cir. 1990)(randomly selected targets for phone fraud not vulnerable).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Isaiah WILSON, Jr., Defendant-Appellant
89-5209.
Court of Appeals for the Fourth Circuit.
Sep 4, 1990.
913 F.2d 136
William Robert Shell, Wilmington, N.C., for defendant-appellant., John Stuart Bruce, Asst. U.S. Atty., Raleigh, N.C., argued (Margaret Person Cur-rin, U.S. Atty., Richard H. Moore, Asst. U.S. Atty., Raleigh, N.C., Sidney Glazer, Acting Chief, Crim. Div., U.S. Dept, of Justice, Washington, D.C., on brief) for plaintiff-appellee.
Wilkinson, Wilkins, Bullock, Middle.
Cited by 38 opinions  |  Published
WILKINSON, Circuit Judge:

Isaiah Wilson, Jr., was convicted after a jury trial in the United States District Court for the Eastern District of North Carolina on seven counts of mail fraud, in violation of 18 U.S.C. § 1341. He was sentenced to a prison term of thirty-seven months. Wilson challenges his sentence arguing that the district court erred in its application of the Sentencing Guidelines. First, he contends that the district court improperly made an upward adjustment in his Guidelines base offense level on the ground that his crime was perpetrated against a “vulnerable victim.” Second, he argues that the district court erred in departing upward from the recommended Guidelines sentence based on its finding that his criminal history score in the pre-sentence report did not adequately reflect his criminal history. Finding merit in the first, but not the second, of Wilson’s contentions, we affirm in part and reverse in part the judgment of the district court.

I.

In early 1988, five residents of the Raleigh, North Carolina, area received letters soliciting funds for victims of a tornado that had recently struck the area. The letters requested that cash donations be sent to a post office address, and were signed by a “Rev. Williams.” None of the recipients of the letters gave donations. Instead, suspicious whether the letters were part of a legitimate effort to aid the tornado victims, they reported the letters to the postal authorities.

Isaiah Wilson had rented the post office box to which the letters directed the donations be sent. In addition, a handwriting expert identified the handwriting on the letters as Wilson’s. Wilson also admitted that he had helped prepare and mail the letters.

On January 10,1989, Wilson was indicted on seven counts of mail fraud, in violation of 18 U.S.C. § 1341. A jury convicted him on all seven counts, and the district court sentenced him to thirty-seven months imprisonment. In arriving at this sentence, the court adjusted Wilson’s base offense level upward two levels on the ground that the recipients of the letters were “vulnerable victims” within the meaning of Sentencing Guidelines § 3Al.l. The court then departed from the recommended guideline sentence on the ground that Wilson’s criminal history score in his presentence report did not adequately reflect his criminal history.

Wilson appeals.

II.

Section 3A1.1 of the United States Sentencing Commission Guidelines directs that a defendant’s base offense level is to be increased two levels “[i]f the defendant knew or should have known that a victim of the offense was unusually vulnerable due to age, physical or mental condition, or that a victim was otherwise particularly susceptible to the criminal conduct.” The Application Note to § 3Al.l provides examples of conduct warranting an upward adjustment. It specifies that an upward adjustment would be appropriate “in a fraud case where the defendant marketed an ineffective cancer cure or in a robbery where the defendant selected a handicapped victim,” but not “where the defendant sold fraudulent securities by mail to the general[*138] public and one of the victims happened to be senile.” U.S.S.G. § 3A1.1, comment, (n.l).

Here, the government contends that the district court acted correctly in making the upward adjustment under § 3A1.1 because the recipients of the fraudulent letters sent by Wilson were vulnerable victims. The government argues that because the tornado had recently damaged Raleigh, each person in the city was a vulnerable victim for purposes of a fraudulent solicitation for funds to aid area tornado victims.

We disagree. Wilson mailed the solicitation letters at random to post office boxes in the Raleigh area. He knew nothing about the recipients of the letters other than that they were residents of Raleigh, a city that a tornado had recently damaged. We do not think that the fact that Raleigh had been struck by a tornado qualifies every person in the Raleigh area as a vulnerable victim. “The vulnerability that triggers § 3A1.1 must be an ‘unusual’ vulnerability which is present in only some victims of that type of crime. Otherwise, the defendant’s choice of a likely victim does not show the extra measure of criminal depravity which § 3A1.1 intends to more severely punish.” United States v. Moree, 897 F.2d 1329, 1335 (5th Cir.1990). That the persons targeted might be sympathetic to the causes for which funds were fraudulently solicited may have “made the crime possible, but it did not confer upon the victim the degree of vulnerability for which § 3A1.1 permits an upward adjustment.” United States v. Creech, 913 F.2d 780 (10th Cir.1990).

Moreover, if we were to adopt the government’s position, virtually every defendant convicted of a crime involving fraudulent solicitation would be subject to an upward adjustment under § 3A1.1. Those who engage in this criminal activity usually target their solicitations at those they think most likely to respond to the requests for money. We do not think, however, that the Sentencing Commission intended on that account to impose an upward adjustment on virtually all defendants convicted of fraudulent solicitation. For the foregoing reasons, we reverse the judgment of the district court with respect to the upward adjustment in Wilson’s base offense level premised on § 3A1.1.

III.

Section 4Al.l(c) of the Sentencing Guidelines provides that in calculating a defendant’s criminal history category, a court should “[a]dd 1 point for each prior sentence [of less than sixty days duration], up to a total of 4 points for this item.” The district court counted four points against Wilson, who had been convicted of fifty-five worthless check charges over the previous five years, and accordingly assigned him to criminal history category III. However, the court, believing that category III did not adequately reflect Wilson’s past conduct, departed upward from the Guidelines sentencing range, increasing Wilson’s criminal history category from III to IV. The court found authority for the upward departure in § 4A1.3 of the Guidelines which provides that “[i]f reliable information indicates that the criminal history category does not adequately reflect the seriousness of the defendant’s past criminal conduct or the likelihood that the defendant will commit other crimes, the court may consider imposing a sentence departing from the otherwise applicable guideline range.”

Wilson maintains that the district court erred in departing upward based on his past criminal conduct. He argues that § 4Al.l(c) reflects an affirmative intent on the part of the Sentencing Commission to limit the penalty for minor past criminal conduct to a total of four points. Thus, he contends, the district court improperly exceeded the ceiling placed by the Sentencing Commission on the use of minor prior convictions by departing upward and assigning him to a higher criminal history category.

We find no merit in Wilson’s contention. Section 4A1.3 explicitly authorizes an upward departure from the otherwise applicable Guidelines range if a defendant’s criminal history category does not ade[*139] quately reflect his past criminal conduct. The Guidelines thus plainly contemplate that a defendant’s criminal history category might be increased from its original calculation. The limitation in § 4Al.l(c) on the number of points that may be counted for minor prior criminal convictions restricts the use of these convictions only in arriving at the original criminal history category; it does not restrict a district court’s ability to consider these convictions in departing upward under § 4A1.3. Cf. United States v. Lopez, 871 F.2d 513, 515 (5th Cir.1989) (upholding an upward departure based on prior convictions not computed in the criminal history score because outside the applicable time period).

The district court in this case based its upward departure on Wilson’s fifty-five convictions in the previous five years on worthless check charges. It also heard testimony from a state court magistrate who had presided over thirty to thirty-five of those convictions that Wilson had exhibited no remorse for his criminal actions and that he had attempted to manipulate the system by writing checks on a business account for which he did not feel he could be held personally liable. Under these circumstances, the district court was certainly justified in departing upward from the applicable Guidelines range in the manner it did. See United States v. Summers, 893 F.2d 63, 67-68 (4th Cir.1990).

IV.

Wilson challenges his actual conviction on the ground that the district court erred in admitting a newspaper article from the Raleigh News and Observer describing the tornado that struck Raleigh, the damage done by the tornado, and the aid donated to the tornado’s victims. Wilson contends that the newspaper article was irrelevant and unduly prejudicial. We find no “extraordinary circumstances” that would warrant reversing the district court’s decision to admit this evidence. United States v. Tindle, 808 F.2d 319, 327 n. 6 (4th Cir.1986). The newspaper article demonstrated that the tornado had occurred and that donations were being sought to aid its victims, facts central to this case. There was nothing unduly prejudicial about the admission of this evidence.

V.

Because under the facts of this case we do not think that the entire populace of the city of Raleigh can be considered “vulnerable victims” within the meaning of § 3A1.1 of the Sentencing Guidelines, we reverse the district court’s upward adjustment of Wilson’s base offense level. We affirm the district court’s upward departure under § 4A1.3 of the Guidelines since Wilson’s criminal history category did not adequately reflect his past criminal conduct. We also affirm Wilson’s conviction itself. We vacate the sentence imposed and remand to the district court to impose a sentence consistent with this opinion.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.