United States v. Alfred Octave Morrill, Jr., 984 F.2d 1136 (11th Cir. 1993). · Go Syfert
United States v. Alfred Octave Morrill, Jr., 984 F.2d 1136 (11th Cir. 1993). Cases Citing This Book View Copy Cite
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At page 1137 Eliciting objections and waiving appeal on sentencing issues57 citing cases50 listed here
  • United States v. Arthur Williams, Jr., No. 24-14071 (11th Cir. Oct. 8, 2025).unpublished
    The purposes of this Jones colloquy is “to elicit 1 Jones was overruled in part on other grounds by United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir. 1993) (en banc), but the holding from Jones at issue here remains in force.
  • United States v. Rainford, 110 F.4th 455 (2d Cir. 2024).published
    The purpose of the sentencing enhancement is to account for conduct that is “more culpable than that of the typical perpetrator of that crime.” United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir. 1993).
  • United States v. Eduardo Garcia-Velazquez, No. 22-10456 (11th Cir. July 15, 2022).unpublished
    Garcia-Velazquez appears to have relatedly attempted to raise a claim that the district court erred under United States v. Jones, 899 F.2d 1097, 1102 (11th Cir. 1990), overruled on other grounds by United States v. Morrill, 984 F.2d 1136,…
  • United States v. Miguel Roque Ochoa, No. 19-14974 (11th Cir. Dec. 15, 2020).unpublished
    The only objections he made to the agent’s testimony were to (1) the title of a document within the binder that contained the call logs, specifying that he only objected to the characterization of his role in the scheme, and (2) a question…
  • United States v. Elijah Hasan Jones, No. 18-15210 (11th Cir. Oct. 8, 2020).published
    United States v. Campbell, 473 F.3d 1345 , 1347-48 (11th Cir. 2007); United States v. Jones, 899 F.2d 1097 , 1102-03 (11th Cir. 1990), overruled in part on other grounds, United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir. 1993) (en b…
  • United States v. James Innocent, 977 F.3d 1077 (11th Cir. 2020).published
    United States v. Campbell, 473 F.3d 1345 , 1347-48 (11th Cir. 2007); United States v. Jones, 899 F.2d 1097 , 1102-03 (11th Cir. 1990), overruled in part on other grounds, United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir. 1993) (en b…
  • United States v. Laron Dimitric Player, 676 F. App'x 837 (11th Cir. 2017).unpublished
    United States v. Jones, 899 F.2d 1097, 1102 (11th Cir. 1990) overruled in part on other grounds by United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir. 1993) (en banc).
  • United States v. Arturo Sanchez-Ruiz, 618 F. App'x 638 (11th Cir. 2015).unpublished
    “Where the district court has offered the opportunity to object and a party ... fails to state [] grounds for objection, objections to the sentence will be waived for purposes of appeal, and this court need not entertain an appeal upon suc…
  • United States v. Aloniza J. Williams, 603 F. App'x 919 (11th Cir. 2015).unpublished
    United States v. Jones, 899 F.2d 1097, 1103 (11th Cir.1990), overruled in part on other grounds by United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993) (en banc); see also United States v. Frazier, 605 F.3d 1271, 1282 (11th Cir.20…
  • United States v. Michael J. Muzio, 757 F.3d 1243 (11th Cir. 2014).published 2 cites
    United States v. Jones, 899 F.2d 1097, 1102 (11th Cir.1990), overruled in part on other grounds by United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993), requires a district court “to elicit fully articulated objections, following…
Show 40 more citing cases
  • United States v. Alberto Cintron, 491 F. App'x 985 (11th Cir. 2012).unpublished
    In Jones, we established a rule requiring district courts to “elicit fully articulated objections, following imposition of sentence, to the court’s ultimate findings of fact and conclusions of law,” as well as to “the manner in which the s…
  • United States v. Anthony S. Wigins, 434 F. App'x 896 (11th Cir. 2011).unpublished
    Wiggins argues that the district court violated the rule we established in United States v. Jones, 899 F.2d 1097 (11th Cir. 1990), overruled in part on other grounds by United States v. Morrill, 984 F.2d 1136, 1137-38 (11th Cir.1993) (en b…
  • United States v. Radanis Myshon Kirksey, 425 F. App'x 858 (11th Cir. 2011).unpublished
    Kirksey argues that the district court violated United States v. Jones, 899 F.2d 1097, 1102 (11th Cir.1990), overruled on other grounds by United States v. Morrill, 984 F.2d 1136, 1137-38 (11th Cir.1993), in failing to elicit objections fr…
  • United States v. Sanchez, 586 F.3d 918 (11th Cir. 2009).published
    In United States v. Jones, 899 F.2d 1097, 1102-03 (11th Cir.1990), overruled in part on other grounds by United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993) (en banc), we held that, absent manifest injustice, a party waives any o…
  • United States v. Miguel Angel Perez, 350 F. App'x 425 (11th Cir. 2009).unpublished
    United States v. Jones, 899 F.2d 1097, 1103 (11th Cir.1990), overruled on other grounds, United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993) (en banc).
  • United States v. Stanley Kim, 343 F. App'x 586 (11th Cir. 2009).unpublished
    United States v. Jones, 899 F.2d 1097, 1103 (11th Cir.1990), overruled on other grounds by United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993).
  • United States v. Canty, 570 F.3d 1251 (11th Cir. 2009).published
    United States v. Jones, 899 F.2d 1097, 1102-03 (11th Cir.1990), cert. denied, 498 U.S. 906 , 111 S.Ct. 275 , 112 L.Ed.2d 230 (1990), overruled on other grounds, United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993) (en banc) (“Wher…
  • United States v. Marshall Newsome, 307 F. App'x 271 (11th Cir. 2009).unpublished
    Although the district court did not elicit objections as required by United States v. Jones, 899 F.2d 1097, 1102 (11th Cir.1990), overruled on other grounds by United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993) (en banc ), reman…
  • United States v. Irene Colin Sanchez, 288 F. App'x 625 (11th Cir. 2008).unpublished
    This argument is foreclosed by United States v. Jones, 899 F.2d 1097, 1103 (11th Cir.1990) (ioveiruled on other grounds by United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993) (en banc)), in which this Court held: Where the distri…
  • United States v. Kevin A. Stevens, 253 F. App'x 902 (11th Cir. 2007).unpublished
    The district court committed a technical violation under United States v. Jones, 899 F.2d 1097, 1102 (11th Cir.1990), overruled in part on other grounds by United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993) (en banc), by failing…
  • United States v. Cruz Valdovinos Mancilla, 226 F. App'x 941 (11th Cir. 2007).unpublished
    On appeal, Mancilla argues that the district court failed to provide him or his counsel the opportunity to object after imposition of his sentence, in violation of United, States v. Jones, 899 F.2d 1097, 1102 (11th Cir.1990), overruled in…
  • United States v. Eduardo Nunez, 202 F. App'x 439 (11th Cir. 2006).unpublished
    He claims that he was not given an opportunity to object to his sentence, in violation of the requirements set forth in United States v. Jones, 899 F.2d 1097 (11th Cir.1990), overruled in part on other grounds, United States v. Morrill, 98…
  • United States v. Felipe Rascon Delacruz, 199 F. App'x 879 (11th Cir. 2006).unpublished
    Although the district judge failed to elicit fully articulated objections following imposition of the sentence in accordance with United States v. Jones, 899 F.2d 1097, 1102 (11th Cir.1990), overruled in part on other grounds by United Sta…
  • United States v. Jose Lazaro Robaina, 194 F. App'x 735 (11th Cir. 2006).unpublished
    II. ‘Where the district court has offered the opportunity to object and a party is silent or fails to state the grounds for objection, objections to the sentence will be waived for purposes of appeal, and [we] will not entertain an appeal…
  • United States v. John Hardy, 182 F. App'x 898 (11th Cir. 2006).unpublished
    DISCUSSION A. Reversible Error under United States v. Jones Hardy, noting that errors not objected to below are normally reviewed for plain error, contends that he did not object to the sentence as unreasonable under United States v. Booke…
  • United States v. Williams, 144 F.3d 1397 (11th Cir. 1998).published
    Rue did not object to the district court’s ruling that she was responsible for the entire amount of crack, nor did she object to her sentence at the time that it was imposed. 3 In accordance with this court’s opinion in United States v. Jo…
  • United States v. Williams, 144 F.3d 1397 (11th Cir. 1998).published
    Rue did not object to the district court's ruling that she was responsible for the entire amount of crack, nor did she object to her sentence at the time that it was imposed. 3 In accordance with this court's opinion in United States v. Jo…
  • United States v. Gill, 99 F.3d 484 (1st Cir. 1996).published
    See, e.g., United States v. Brunson, 54 F.3d 673, 676 (10th Cir.), cert. denied, — U.S.-, 116 S.Ct. 397 , 133 L.Ed.2d 317 (1995); United States v. Morrill, 984 F.2d 1136, 1137-38 (11th Cir.1993).
  • United States v. Anne Stover, Now Known as Anne Elise Cohen, United States of Am. v. Rita Chandi, United States of Am. v. Anne Stover, Now Known as Anne Elise Cohen, United States of Am. v. Rita Chandi, 93 F.3d 1379 (8th Cir. 1996).published
    Cf. United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993) (en banc) (per curiam) (on remand from the Supreme Court, holding that bank tellers, as a group, are not "otherwise particularly susceptible" to bank robbery within the mean…
  • United States v. Anne Stover, 93 F.3d 1379 (8th Cir. 1996).published 2 cites
    Cf. United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993) (en bane) (per curiam) (on remand from the Supreme Court, holding that bank tellers, as a group, are not “otherwise particularly susceptible” to bank robbery within the mean…
  • United States v. Antonietti, 86 F.3d 206 (11th Cir. 1996).published
    The government claims that pursuant to United States v. Jones, 899 F.2d 1097, 1102-03 (11th Cir.), cert. denied, 498 U.S. 906 , 111 S.Ct. 275 , 112 L.Ed.2d 230 (1990), overruled on other grounds, United States v. Morrill, 984 F.2d 1136, 11…
  • United States v. Gonzalo De Jesus Tamayo, 80 F.3d 1514 (11th Cir. 1996).published
    Moreover, Tamayo did not request to allocute at his resentencing, and he did not object to not being given the opportunity to do so. 8 “Where the district court has offered the opportunity to object and a party is silent or fails to state…
  • United States v. Malone, 78 F.3d 518 (11th Cir. 1996).published 6 cites
    United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993) (en banc) ("Morrill (II)"); Long, 935 F.2d at 1210 . 20 In such a case, the defendant is deemed more culpable than he otherwise would be had he committed that same crime on anot…
  • United States v. Page, 69 F.3d 482 (11th Cir. 1995).published 3 cites
    We will vacate and remand for resentencing, the case against Seeta McKnight, No. 93-8751, as well as the ease against the other defendants, No. 93-8706, for implementations of United States v. Jones, 899 F.2d 1097 (11th Cir.1990), ce rt. d…
  • United States v. John Dale Ramsdale, Charles Christoferson, 61 F.3d 825 (11th Cir. 1995).published
    See Fed.R.Crim.P. 52(b); United States v. Weir, 51 F.3d 1031, 1032 (11th Cir.1995) (“[A] party’s failure to object to the sentencing court’s findings of fact and conclusions of law waives *832 any objection for appeal purposes, unless this…
  • United States v. Norris, 50 F.3d 959 (11th Cir. 1995).published
    Consequently, he is precluded from raising the issue for the first time on appeal.” (citing United States v. Asseff, 917 F.2d 502 , 506 n. 4 (11th Cir.1990); United States v. Pritchett, 898 F.2d 130, 131 (11th Cir.1990))); United States v.…
  • United States v. Shields, 49 F.3d 707 (11th Cir. 1995).published
    The treatment of sentencing objections in this circuit is governed by United States v. Jones, 899 F.2d 1097, 1102-03 (11th Cir.), cert. denied, 498 U.S. 906 , 111 S.Ct. 275 , 112 L.Ed.2d 230 (1990), overruled on other grounds, United State…
  • United States v. Francis Everett Foree & Christina Draznin, 43 F.3d 1572 (11th Cir. 1995).published
    Foree and Draznin had argued, in the alternative, that remand was required for resentencing because the district court had failed to comply with the procedures announced by this court in United States v. Jones, 899 F.2d 1097, 1102-03 (11th…
  • United States v. Abel Junior Salazar, No. 25-10037 (11th Cir. Nov. 20, 2025).unpublished
    See United States v. White, 837 F.3d 1225, 1228 (11th Cir. 2016) (“[W]e are bound to follow a 1 The parties dispute the standard of review and whether the district court properly elicited objections under United States v. Jones, 899 F.2d 1…
  • United States v. Quiney Haroon Perdue, No. 22-10548 (11th Cir. Mar. 24, 2023).unpublished
    See United States v. Jones, 899 F.2d 1097, 1102 (11th Cir. 1990), overruled on other grounds by United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir. 1993) (en banc).
  • United States v. Justina Maria Holland, No. 21-13968 (11th Cir. Jan. 5, 2023).unpublished
    See United States v. Jones, 899 F.2d 1097, 1102 (11th Cir. 1990), overruled on other grounds by United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir. 1993) (en banc).
  • United States v. George Brett Graham, 343 F. App'x 455 (11th Cir. 2009).unpublished
  • United States v. Whitfield, 50 F.3d 947 (11th Cir. 1995).published
  • United States v. Kersey, 130 F.3d 1463 (11th Cir. 1997).published
  • United States v. Hernandez, 160 F.3d 661 (11th Cir. 1998).published
  • United States v. Hedges, No. 97-4711 (11th Cir. May 21, 1999).published
  • United States v. McClendon, 195 F.3d 598 (11th Cir. 1999).published
  • United States v. Tillmon, 195 F.3d 640 (11th Cir. 1999).published
  • UNITED STATES of Am., Plaintiff-Appellee, v. Rodney HEDGES, Defendant-Appellant, 175 F.3d 1312 (11th Cir. 1999).published
  • United States v. Vonner, 516 F.3d 382 (6th Cir. 2008).published
At page 1138 Determining if bank tellers are automatically vulnerable victims3 citing cases“a bank teller is not an unusually vulnerable victim solely by virtue of the teller's position in a bank”2 citing courts quote it
  • United States v. Gary A. Phillips, 287 F.3d 1053 (11th Cir. 2002).published
    Phillips asserts that the PSI’s citation to United States v. Jones, 899 F.2d 1097 (11th Cir.1990) (holding that bank tellers are vulnerable victims because they are likely targets of criminal conduct), requires reversal because it was over…
  • United States v. Stacy Weischedel, Opinion, 201 F.3d 1250 (9th Cir. 2000).published
    See United States v. Robinson, 119 F.3d 1205, 1219 (5th Cir. 1997); United States v. Morrill, 984 F.2d 1136, 1138 (11th Cir.1993) (en banc).
  • United States v. Malone, 78 F.3d 518 (11th Cir. 1996).published 6 cites
    United States v. Morrill, 984 F.2d 1136, 1137 (11th Cir.1993) (en banc) ("Morrill (II)"); Long, 935 F.2d at 1210 . 20 In such a case, the defendant is deemed more culpable than he otherwise would be had he committed that same crime on anot…
Other citing cases5 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Alfred Octave MORRILL, Jr., Defendant-Appellant
91-8386.
Court of Appeals for the Eleventh Circuit.
Feb 16, 1993.
Published opinion
984 F.2d 1136
1993 U.S. App. LEXIS 2350
1993 WL 35894
H. Bradford Morris, Jr., Gainesville, GA (court-appointed), for defendant-appellant., Caroly J. Adams, Asst. U.S. Atty., Atlanta, GA, for plaintiff-appellee.
Tjoflat, Fay, Kravitch, Hatchett, Anderson, Edmondson, Cox, Birch, Dubina, Black, Carnes.
Cited by 219 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 88%
Citer courts: Eleventh Circuit (1)

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges. PER CURIAM:

Whether a bank teller is per se a vulnerable victim under section 3A1.1 of the federal Sentencing Guidelines is the sole issue in this case. That section instructs sentencing judges:

If 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, increase [the defendant’s offense level] by 2 levels.

U.S.S.G. § 3A1.1 (Nov. 1990). [1] We hold that bank tellers, as a group, are not “otherwise particularly susceptible” to bank robbery within the meaning of the Guidelines.

I.

Appellant Morrill pled guilty to bank robbery in violation of 18 U.S.C. § 2113(a). In computing Morrill’s sentence under the Guidelines, the district court properly determined his base offense level for robbery and assessed a two-level enhancement for robbery of a financial institution. See U.S.S.G. §§ 2B3.1(a) & (b)(1). Then, applying section 3A1.1, the court found that a bank teller is a vulnerable victim. It accordingly further increased Morrill’s offense level by two. The court sentenced Morrill to eighty-four months imprisonment. [2]

On appeal, Morrill challenged the propriety of the two-level enhancement under section 3A1.1. A panel of this court, bound by circuit precedent in United States v. Jones, 899 F.2d 1097 (11th Cir.), cert. denied, 498 U.S. 906, 111 S.Ct. 275, 112 L.Ed.2d 230 (1990), affirmed. United States v. Morrill, 963 F.2d 386 (11th Cir.1992) (unpublished opinion). Jones had held that bank tellers are particularly susceptible to the offense of larceny and thus are vulnerable victims under section 3A1.1. 899 F.2d at 1100. The Supreme Court granted Morrill’s petition for certiorari, vacated the judgment, and remanded the case to this court for further consideration in light of the position taken by the Solicitor General in his brief to the Court on behalf of the United States. Morrill v. United States, — U.S. -, 113 S.Ct. 955, 122 L.Ed.2d 113 (1993). Because a panel cannot overturn circuit precedent, we voted the case en banc. We now hold that bank tellers, as a class, are not vulnerable victims within the meaning of section 3A1.1. To the extent that Jones holds to the contrary, that case is overruled.

As the Solicitor General points out, section 3A1.1 was intended to apply only when the special vulnerability of the victim makes the offender more culpable than he otherwise would be in committing the particular offense. 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). When circumstances “differentiate the victim from the typical victim of that particular crime, so that the defendant’s conduct was more culpable than that of the typical perpetrator of that crime,” enhancement under section 3A1.1 is justified because the defendant’s offense level does not otherwise account[*1138] for his heightened culpability. Brief for the United States at 4, Morrill, No. 92-6031. In contrast, when the victim is the typical victim of the crime, a section 3A1.1 enhancement is improperly duplicative because the defendant’s offense level already accounts fully for the level of culpability which the Sentencing Commission ascribed to that crime. See, e.g., U.S.S.G. § 3A1.1, comment, (n. 2) (Nov. 1990) (“Do not apply this adjustment if the offense guideline specifically incorporates this factor.”).

The Sentencing Guidelines specifically contemplate the crime of bank robbery and account for the culpability of bank robbers. See U.S.S.G. § 2B3.1(b)(1). Bank tellers are typical victims of bank robberies; many, if not most, bank robberies are perpetrated against bank tellers. [3] See Brief for the United States at 7, Morrill, No. 92-6031. Thus, bank tellers, as a class, are not vulnerable victims within the meaning of section 3A1.1. [4] This is not to say that bank tellers in individual cases never may be particularly susceptible or otherwise vulnerable victims of a bank robbery. Enhancement is appropriate under section 3A1.1 when a particular teller-victim possesses unique characteristics which make him or her more vulnerable or susceptible to robbery than ordinary bank robbery victims and thus make the particular bank robber more culpable than the ordinary perpetrator. See, e.g., U.S.S.G. § 3A1.1 comment, (n. 1) (Nov.1990) (noting that enhancement would apply in a robbery when the defendant selected a handicapped victim). A bank teller is not, however, automatically vulnerable by virtue of his or her position as a teller. [5]

II.

The district court erroneously assessed a section 3A1.1 enhancement against Morrill on the ground that the victim of his crime was a bank teller. Accordingly, we reverse Morrill’s sentence and remand the case to the district court for resentencing consistent with this opinion.

REVERSED and REMANDED.

1

. Our disposition of this case is based on the Sentencing Guidelines text and commentary in effect during April 1991, when Morrill was sentenced. See 18 U.S.C. § 3553(a)(5) (1988); United States v. Dedeker, 961 F.2d 164, 165 n. 2 (11th Cir.1992); infra note 4.

2

. Morrill’s sentence also reflected a two-level reduction for acceptance of responsibility and an enhancement on account of his criminal history category.

3

. The Jones court did not hold to the contrary. It simply held that bank tellers are particularly susceptible to robbery without considering that for the purposes of section 3A1.1 "particular susceptibility” means "more susceptible than the typical victim of that particular crime.” 899 F.2d 1100.

4

. Further support for this conclusion is that in 1992 the Sentencing Commission amended the commentary to section 3A1.1 to state explicitly: "[A] bank teller is not an unusually vulnerable victim solely by virtue of the teller’s position in a bank." U.S.S.G. § 3A1.1 comment, (n. 1) (Nov. 1992). We do not rely on this commentary as direct authority for our holding; we recognize that the retroactivity of the Guidelines’ commentary is a question currently pending before the Supreme Court. See Stinson v. United States, 957 F.2d 813, 815 (11th Cir.), cert. granted, — U.S. -, 113 S.Ct. 459, 121 L.Ed.2d 368 (1992). Rather, we cite the commentary simply as additional persuasive authority.

5

.Our holding is consistent with United States v. Long, 935 F.2d 1207 (11th Cir.1991), in which a panel of this court warned that ”[s]weeping presumptions are not favored by section 3A1.1” and that "the inquiry conducted by a sentencing judge to determine the applicability of section 3A1.1 is ... highly case-specific.” Id. at 1210.