United States v. Gary Paige, 923 F.2d 112 (8th Cir. 1991). · Go Syfert
United States v. Gary Paige, 923 F.2d 112 (8th Cir. 1991). Cases Citing This Book View Copy Cite
48 citation events (7 in the last 25 years) across 11 distinct courts.
Strongest positive: United States v. Paul David Anderson (ca8, 2004-01-07)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 37 distinct citers.
discussed Cited as authority (rule) United States v. Paul David Anderson
8th Cir. · 2004 · confidence medium
At sentencing, the district court stated: “Having presided over the trial in this case and heard the evidence, I hereby make the factual findings implicit in my decision to overrule those objections.” On appeal, Anderson argues that a vulnerable victim enhancement should not be *572 upheld absent a finding of “particularized vulnerability.” Our early decisions applying § 3A1.1 support this contention, repeatedly stating that “unless the criminal act is directed against the young, the aged, the handicapped, or unless the victim is chosen because of some unusual personal vulnerability…
discussed Cited as authority (rule) United States v. Paul David Anderson
8th Cir. · 2003 · confidence medium
At sentencing, the district court stated: “Having presided over the trial in this case and heard the evidence, I hereby make the factual findings implicit in my decision to overrule those objections.” On appeal, Anderson argues that a vulnerable victim enhancement should not be upheld absent a finding of “particularized vulnerability.” Our early decisions applying § 3A1.1 support this contention, repeatedly stating that “unless the criminal act is directed against the young, the aged, the handicapped, or unless the victim is chosen because of some unusual personal vulnerability, § …
discussed Cited as authority (rule) United States v. Donroy Brings Plenty
8th Cir. · 2003 · confidence medium
The district court properly acknowledged that under U.S.S.G. § 3A1.1(b)(1), an offense level may be enhanced “[i]f the defendant knew or should have known that a victim of the offense was a vulnerable victim.” Application Note 2 defines a “vulnerable victim” as a person who is the victim of the offense and who is “unusually vulnerable due to age, physical or mental condition, or who is otherwise particularly susceptible to the criminal conduct.” To establish the importance of the “unusualness” component of the definition, Brings Plenty relies on United States v. Paige, 923 F.2…
discussed Cited as authority (rule) United States v. Donroy Brings Plenty
8th Cir. · 2003 · confidence medium
The district court properly acknowledged that under U.S.S.G. § 3A1.1(b)(1), an offense level may be enhanced “[i]f the defendant knew or should have known that -3- a victim of the offense was a vulnerable victim.” Application Note 2 defines a "vulnerable victim" as a person who is the victim of the offense and who is "unusually vulnerable due to age, physical or mental condition, or who is otherwise particularly susceptible to the criminal conduct." To establish the importance of the "unusualness" component of the definition, Brings Plenty relies on United States v. Paige, 923 F.2d 112, 1…
discussed Cited as authority (rule) United States v. Sangemino
S.D.N.Y. · 2001 · confidence medium
U.S. Sentencing Guidelines Manual § 3Al.l(b) (1997). 5 The enhancement “re-flectes] the public interest in more severely punishing those whose choice of victim demonstrates an ‘extra measure of criminal depravity.’ ” United States v. Hershkowitz, 968 F.2d 1503, 1505 (2d Cir.1992) (quoting United States v. Paige, 923 F.2d 112, 113 (8th Cir.1991)).
discussed Cited as authority (rule) United States v. Robinson
5th Cir. · 1997 · confidence medium
“Unless the criminal act is directed against the young, the aged, the handicapped, or unless the victim is chosen because of some unusual personal vulnerability, § 3Al.l[b] cannot be employed.” United States v. Paige, 923 F.2d 112, 113 (8th Cir.1991) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Jose CASTELLANOS, Defendant-Appellant
9th Cir. · 1996 · confidence medium
Likewise, in United States v. Paige, 923 F.2d 112, 113-14 (8th Cir.1991), the defendant was convicted of a fraudulent money order scheme in which he targeted young Caucasian clerks whom he considered inexperienced and naive.
discussed Cited as authority (rule) United States v. Cron
8th Cir. · 1995 · confidence medium
Such an enhancement is appropriate where the defendant's "choice" of victim shows the "extra measure of criminal depravity which section 3A1.1 intends to punish more severely." United States v. Callaway, 943 F.2d 29, 31 (8th Cir.1991) (quoting United States v. Paige, 923 F.2d 112, 113-14 (8th Cir.1991)). 14 Cron argues that the district court's two point enhancement was clearly erroneous because nothing in the record indicates that he specifically targeted vulnerable victims.
discussed Cited as authority (rule) United States v. Cron
8th Cir. · 1995 · confidence medium
Such an enhancement is appropriate where the defendant’s “choice” of victim shows the “extra measure of criminal depravity which section 3A1.1 intends to punish more severely.” United States v. Callaway, 943 F.2d 29, 31 (8th Cir.1991) (quoting United States v. Paige, 923 F.2d 112, 113-14 (8th Cir.1991)).
discussed Cited as authority (rule) United States v. Ram Singh
4th Cir. · 1995 · confidence medium
If both of these conditions are satisfied, then the base offense level should be increased two levels under § 3A1.1. 6 See, e.g., United States v. Paige, 923 F.2d 112, 113-14 (8th Cir.1991) (reversing an upward adjustment even though the defendant targeted stores with young clerks to pass fraudulent money orders, because there was no evidence showing that the young clerks were unusually vulnerable).
cited Cited as authority (rule) United States v. Michael Giacometti
7th Cir. · 1994 · confidence medium
United States v. White, 903 F.2d 457, 462-63 (7th Cir.1990); United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991); United States v. Tellez, 882 F.2d 141 (5th Cir.1989).
discussed Cited as authority (rule) United States v. Abdul-Rahma Adediran, Also Known as Adediran Babatumte, Also Known as Francis MacHante Also Known as David K. Bolade
8th Cir. · 1994 · confidence medium
See, e.g., United States v. Ball, 999 F.2d 339, 340 (8th Cir.1993) (because defendant was facing federal drug charges at the time, his attempt to escape from county jail following his arrest on a state assault charge constituted obstruction of federal investigation); United States v. Dortch, 923 F.2d 629, 632 (8th Cir. 1991) (throwing bag of cocaine out of car during traffic stop by local police supported obstruction enhancement in federal prosecution); United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991) (engaging in high speed chase with state highway patrol and throwing evidence out win…
discussed Cited as authority (rule) United States v. Charles Pompey
11th Cir. · 1994 · confidence medium
See also United States v. Dortch, 923 F.2d 629, 632 (8th Cir.1991) (attempt to eliminate evidence during stop for traffic violation supported finding of obstruction in subsequent federal drug prosecution); United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991) (high speed chase with highway patrol and throwing incriminating evidence from windows constituted obstruction); United States v. Baker, 907 F.2d 53, 55 (8th Cir.1990) (attempt to destroy cocaine upon the entry of state authorities into home constituted obstruction); United States v. Ro berson, 872 F.2d 597, 609-10 (5th Cir.) cert. den…
discussed Cited as authority (rule) United States v. Richard L. Rowe
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
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. Eldon v. Coates (2×) also: Cited "see"
8th Cir. · 1993 · confidence medium
We have held that “[s]ection 3A1.1 is properly applied in cases ... where the defendant chose the particular victim for his age, his mental condition, [or] his physical stature compared to that of the defendant.” United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991).
cited Cited as authority (rule) United States v. Leonard James Ravoy, United States of America v. Barbara Jean Ravoy, A/K/A Barbara J. Morgan, T/n Barbara Jean Nash
8th Cir. · 1993 · confidence medium
United States v. Paige, 923 F.2d 112, 113-14 (8th Cir.1991) (citation omitted). .
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).
discussed Cited as authority (rule) United States v. Efrain Hernandez-Rodriguez (2×)
9th Cir. · 1992 · confidence medium
Before section 3C1.2 existed, some courts concluded that high-speed chases merited an enhancement under section 3C1.1, “Obstructing or Impeding the Administration of Justice.” United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991); United States v. White, 903 F.2d 457, 460-62 (7th Cir.1990).
discussed Cited as authority (rule) United States v. Howard Hershkowitz
2d Cir. · 1992 · confidence medium
In contrast, the vulnerable victim adjustment under § 3A1.1 applies to a broad range of circumstances “where an unusually vulnerable victim is made a target of criminal activity by the defendant,” U.S.S.G. § 3A1.1, comment, (n.l), reflecting the public interest in more severely punishing those whose choice of victim demonstrates an “extra measure of criminal depravity.” United States v. Paige, 923 F.2d 112, 113 (8th Cir.1991).
discussed Cited as authority (rule) United States v. Steven Conley, United States of America v. Diane Friend
9th Cir. · 1992 · confidence medium
United States v. Madera-Gallegos, 945 F.2d 264, 267-68 (9th Cir.1991); United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991); United States v. White, 903 F.2d 457, 462 (7th Cir.1990). 2 Moreover, under this court's decision in United States v. Avila, 905 F.2d 295, 297-98 (9th Cir.1990), our finding that the district court properly enhanced Conley's sentence for obstruction of justice under section 3C1.1 dictates that we also uphold as not clearly erroneous the district court's refusal to reduce Conley's sentence level by two points for acceptance of responsibility under section 3E1.1. 12 AF…
discussed Cited as authority (rule) United States v. Luis M. Pavao (2×)
1st Cir. · 1991 · 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 as authority (rule) United States v. Felipe Madera-Gallegos, AKA Guadalupe Gallegos Carla Rosa Gallegos, AKA Clemencia Sandoval-Dominguez
9th Cir. · 1991 · confidence medium
See Mondello, 927 F.2d 1463, 1465-67 (9th Cir.1991) (§ 3C1.1 enhancement appropriate where defendant “played cat-and-mouse game of avoiding authorities”); United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991) (endangering the lives of others and destroying incriminating evidence in flight from authorities adequately supports enhancement); United States v. White, 903 F.2d 457, 461-62 (7th Cir.1990) (finding obstruction of justice where flight involved high-speed auto chase); United States v. *268 Franco-Torres, 869 F.2d 797, 800 (5th Cir.1989) (enhancement applied because defendant shot…
discussed Cited as authority (rule) United States v. Brenda Callaway
8th Cir. · 1991 · confidence medium
Such an enhancement is appropriate where the defendant’s “choice” of victim shows the “extra measure of criminal depravity which section 3A1.1 intends to punish more severely.” United States v. Paige, 923 F.2d 112, 113-14 (8th Cir.1991).
discussed Cited as authority (rule) United States v. Solomon Goddy Lato
9th Cir. · 1991 · confidence medium
See also United States v. Dortch, 923 F.2d 629, 632 (8th Cir.1991) (defendant’s tossing out of a bag of cocaine when police stopped him for a traffic violation supported a finding of obstruction of justice in a federal drug prosecution, even though only a state traffic violation was under investigation when he threw the bag); United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991) (engaging in a high speed chase with highway patrol and throwing incriminating evidence from the windows was an obstruction of justice); United States v. Rogers, 917 F.2d 165, 168 (5th Cir.1990), cert. denied, —…
discussed Cited "see" ca8 1996
8th Cir. · 1996 · signal: see · confidence high
See United States v. Paige, 923 F.2d 112, 113-14 (8th Cir.1991) (reversing application of enhancement even though defendant targeted young store clerks because he considered them inexperienced and naive; such clerks were not unusually vulnerable).
discussed Cited "see" United States v. Anne Stover (2×)
8th Cir. · 1996 · signal: see · confidence high
See United States v. Paige, 923 F.2d 112, 113-14 (8th Cir. 1991) (reversing application of enhancement even though defendant targeted young store clerks because he considered them inexperienced and naive; such clerks were not unusually vulnerable).
cited Cited "see" ca8 1993
8th Cir. · 1993 · signal: see · confidence high
See United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991).
cited Cited "see" United States v. Mabry
8th Cir. · 1993 · signal: see · confidence high
See United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991).
discussed Cited "see" United States v. Caterini
D.N.J. · 1992 · signal: see · confidence high
See United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991) (in applying Application Note 4 to § 3E1.1 court refused to award defendant who pled guilty to interstate transportation of stolen vehicle and whose attempts to evade arrest engaging in high speed chase mandated adjustment pursuant to § 3C1.1 downward adjustment for acceptance of responsibility); United States v. Scott, 915 F.2d 774, 776 (1st Cir.1990) (defendant who pled guilty to charge of willfully making false material statements impeding an on-going investigation was not entitled to two point reduction as false statements amou…
discussed Cited "see" ca8 1992
8th Cir. · 1992 · signal: see · confidence high
See U.S.S.G. § 3E1.1, comment. (n. 4); see United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991). 32 Giving the district court's determination "great deference," as we must, see U.S.S.G. § 3E1.1, comment. (n. 5), we conclude that its denial of this reduction was not clearly erroneous.
cited Cited "see" United States v. Askew
8th Cir. · 1992 · signal: see · confidence high
See U.S.S.G. § 3E1.1, comment, (n. 4); see United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991).
cited Cited "see" United States v. Kim Allen Willis
8th Cir. · 1991 · signal: see · confidence high
See United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991).
discussed Cited "see" United States v. Leemunth Peter John (2×)
4th Cir. · 1991 · signal: see · confidence high
See United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991) (enhancement affirmed where suspect “endangered others’ lives and destroyed incriminating evidence” during high-speed flight from arrest); United States v. Castillo-Valencia, 917 F.2d 494, 502 (11th Cir.1990) (enhancement affirmed where defendant assisted in attempt to evade and to ram Coast Guard vessel with vessel carrying drugs); United States v. White, 903 F.2d 457, 462 (7th Cir.1990) (enhancement affirmed where defendant endangered law enforcement personnel and bystanders in course of high-speed flight from arrest); United…
discussed Cited "see, e.g." United States v. Randall W. Sutherland
7th Cir. · 1992 · signal: compare · confidence low
Compare United States v. Paige, 923 F.2d 112 (8th Cir.1991) (reversing vulnerable victim adjustment even though Paige admittedly targeted young store clerks for his fraud, because “there was no evidence of the victims’ vulnerability other than Paige’s own statement of his method of operation in targeting a large, loosely defined group”) with United States v. White, 903 F.2d 457, 463 (7th Cir.1990) (upholding adjustment when White kidnapped gasoline station attendant who was in his sixties and had respiratory problems).
discussed Cited "see, e.g." United States of America, Plaintiff-Cross (90-3421) v. Robert A. Williams, (90-3239), Althea Anderson, (90-3305), Defendant-Cross
6th Cir. · 1991 · signal: see, e.g. · confidence medium
See, e.g., United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991) (finding that circumstances were not sufficiently extraordinary); United States v. Edwards, 911 F.2d 1031, 1034 (5th Cir.1990) (upholding determination that circumstances were not sufficiently extraordinary).
UNITED STATES of America, Appellee,
v.
Gary PAIGE, Appellant
90-1091.
Court of Appeals for the Eighth Circuit.
Jan 11, 1991.
923 F.2d 112
Lee T. Lawless, St. Louis, Mo., for appellant., Patricia A. McGarry, St. Louis, Mo., for appellee.
Bowman, Wollman, Beam.
Cited by 39 opinions  |  Published
WOLLMAN, Circuit Judge.

Gary Paige pleaded guilty to one count of interstate transportation of a stolen vehicle and two counts of transportation in interstate commerce of forged securities, in violation of 18 U.S.C. §§ 2312 and 2314. The district court imposed concurrent sentences of 51 months’ imprisonment on each count, to be followed by three years’ supervised release. Paige appeals his sentences, contending that the district court erred in concluding that the victims of the offenses were unusually vulnerable; that Paige had obstructed justice; and that Paige had not accepted responsibility for his crimes. We agree in part with Paige’s contentions, and we remand to the district court for resen-tencing.

I.

Paige passed numerous falsified money orders by putting rub-on transfers on the money orders to cover the original amounts of $1 or $10 and replacing the figures with $100 or more and then using false identification cards that he had made. Paige targeted stores staffed by young Caucasian clerks, whom he considered “inexperienced and naive.”

The police caught up with Paige in New Madrid County, Missouri. Paige led the highway patrol on a high speed chase, during which he threw from the stolen car he was driving torn forged money orders, false identification, and other incriminating evidence.

II.

Paige argues that because the victims of his fraudulent money order scheme were in no way unusual in their vulnerability, the district court erred in adjusting his sentence upward two offense levels under Sentencing Guidelines § 3A1.1, which directs that:

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 by 2 levels.

We agree with Paige, because “unless the criminal act is directed against the young, the aged, the handicapped, or unless the victim is chosen because of some unusual personal vulnerability, § 3A1.1 cannot be employed.” United States v. Cree, 915 F.2d 352, 354 (8th Cir.1990) (quoting United States v. Creech, 913 F.2d 780, 782 (10th Cir.1990)). See also United States v. Wilson, 913 F.2d 136, 138 (4th Cir.1990) (Wilkinson, J.).

Paige’s choice of victims does not show the extra measure of criminal depravity which section 3A1.1 intends to punish[*114] more severely. Cree, 915 F.2d at 354 (quoting United States v. Moree, 897 F.2d 1329, 1335 (5th Cir.1990)). Section 3A1.1 is properly applied in cases where the victim has some physical or mental vulnerability, as in United States v. Boult, 905 F.2d 1137, 1139 (8th Cir.1990), where the defendant chose the particular victim for his age, his mental condition, his physical stature compared to that of the defendant, and his prior tested susceptibility to extortion. The clerks who accepted the falsified money orders were not physically or mentally disabled, nor were they of such youthful ages as to give rise to any presumption of unusual vulnerability.

Although ordinarily vulnerability “is the sort of fact which the trial court is peculiarly well-positioned to gauge,” Cree, 915 F.2d at 354, we conclude that in this case the district court erred in making the finding of vulnerability, for there was no evidence of the victims’ vulnerability other than Paige’s own statement of his method of operation in targeting a large, loosely defined group. Lacking such evidence, the district court’s finding as to vulnerability was without a factual basis.

III.

Paige argues that his flight from authorities does not qualify as obstruction of justice under Guidelines § 3C1.1, and that therefore the district court erred in adjusting his sentence upward by two levels.

Guidelines § 3C1.1 directs a two level increase “[i]f the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice during the investigation, prosecution, or sentencing of the instant offense.” Several courts have found that “mere flight in the immediate aftermath of a crime, without more, is insufficient to justify a section 3C1.1 obstruction of justice enhancement.” United States v. Stroud, 893 F.2d 504, 507 (2d Cir.1990). See also United States v. Hagan, 913 F.2d 1278, 1284-85 (7th Cir.1990); United States v. Garcia, 909 F.2d 389, 392 (9th Cir.1990). As did the courts in Hagan and Garcia, we note that effective November 1, 1990, the Application Note to section 3C1.1 provides that avoiding or fleeing from arrest is conduct to which section 3C1.1 is not intended to apply. Effective that date, section 3C1.2 provides for a two-level enhancement where the defendant’s flight from a law enforcement officer recklessly created a substantial risk of death or serious bodily injury to another person.

We disagree with Paige’s portrayal of his actions as merely an instinctual attempt to evade arrest. Paige raced down a highway, drove on the shoulders, went around road blocks, and crossed the median to change direction, with the highway patrol in hot pursuit. He collided with an occupied car while trying to cross the median, then drove away from the scene of the accident. He threw torn falsified money orders, a military identification card, and simulated business cards from the windows of his speeding car. He did not stop until confronted by an armed state trooper.

Paige endangered others’ lives and destroyed incriminating evidence in his attempt to escape justice. These facts provide adequate support for the district court’s finding of obstruction of justice under Guidelines § 3C1.1, as in effect on the date of Paige’s offense and sentencing. See, e.g., United States v. Cain, 881 F.2d 980, 982 (11th Cir.1989); United States v. Franco-Torres, 869 F.2d 797, 800 (5th Cir.1989); United States v. White, 903 F.2d 457, 459-61 (7th Cir.1990).

IV.

We have considered and find to be without merit Paige’s contention that the district court erred in refusing to give him a two-level reduction in his offense level for acceptance of responsibility under section 3E1.1 of the Guidelines. This is not the extraordinary case in which a downward adjustment may be proper notwithstanding the previously imposed upward adjustment for obstruction of justice under section 3C1.1. See Application Note 4 to section 3E1.1.

[*115] The case is remanded to the district court for resentencing consistent with this opinion.