v.
Walker, A.
J-S31036-23
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : AARON WALKER : : Appellant : No. 736 EDA 2023
Appeal from the Judgment of Sentence Entered November 29, 2022 In the Court of Common Pleas of Montgomery County Criminal Division at No(s): CP-46-CR-0005874-2021
BEFORE: OLSON, J., STABILE, J., and McLAUGHLIN, J. MEMORANDUM BY McLAUGHLIN, J.: FILED DECEMBER 11, 2023
Aaron Walker appeals from the judgment of sentence entered following his guilty plea to one count each of corrupt organizations, dealing in proceeds of unlawful activities, criminal use of communication facility, and sale or transfer of firearms-first offense, and five counts of sale or transfer of firearms-second/subsequent offense.1 Walker challenges the discretionary aspects of his sentence. We affirm.
In August 2022, Walker pled guilty to the above-referenced offenses. The trial court summarized the factual basis of the plea as follows:
As the factual basis for Walker’s guilty plea, he admitted that between December 19, 2019 and July 12, 2021, in Montgomery, Bucks and Philadelphia counties, he engaged in a criminal conspiracy with codefendants Nasim Smalls (hereinafter “Smalls”) and Tyrone Gresham (hereinafter ____________________________________________
1 18 Pa.C.S.A. §§ 911(b)(2), 5111(a)(1), 7512(a), 6111(g)(2), and 6111(h)(1), respectively. J-S31036-23
“Gresham”) for Gresham to purchase firearms for other people. Tyron Gresham purchased at least thirty-seven (37) firearms4 and affirmed on the official purchase paperwork that he was the actual buyer, which was a false statement. The firearms were real and operable. Walker’s role in the conspiracy was to drive Gresham to the gun stores on some of those occasions. In addition, Walker and others provided money for Gresham to purchase the guns. In committing the crimes to which he pleaded guilty, Walker engaged in racketeering activity, and he had a direct interest in the outcome of the conspiracy. Walker was under the age of twenty-one (21) at the time the firearms were purchased and therefore he was not legally able to purchase firearms. To carry out the purpose of the conspiracy (i.e. purchasing the firearms) Walker communicated with his codefendants via cell phone, took photographs of the firearms and contacted gun stores. Following a consent search after Walker’s arrest, police recovered two gun boxes that were associated with the purchases that Gresham made. Walker entered an open plea of guilty for six (6) specific illegal transfers of firearms and accepted responsibility for the overall gun trafficking organization through which Gresham successfully purchased a total of thirty-seven (37) guns. This organization was responsible for placing all thirty-seven (37) illegal guns into the community.
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The difference between what went on in this organization at the end of 2019 and . . . then throughout 2020 compared to 2021 when Mr. Walker was very clearly running things, the difference is massive. A dozen phone calls, ten phone calls in those early days compared to 604 phone calls. Doing research [on] gun shops. Finding out what the inventory was. What was available. Where one can get it. How one can get it. What the hours are. It’s pretty stunning. And while I suppose I can sit back and agree with [defense counsel] that that shows a level of skill and an acumen in the business operation here that’s impressive, it’s impressive, but it’s illegal and causes so much danger to the community. And I can’t ignore that.
This operation, by [the] end of it, run by you, Mr. Walker, put a lot of guns into our community and has the potential through today and beyond to wreak havoc in our community.
I don’t think that [the assistant district attorney] is overstating it when she talks about what can happen, putting guns in the hands of juveniles, in young adults.
Any of us, just look at the newspapers, watch the news on television, you lived in a community where this was part and parcel of daily life. You’ve lived it. I don’t need to tell you. You’ve lived it. Gun violence is rampant. It’s gotten to epidemic proportions. And it happens in our community because there are people who are willing to violate the law and turn this into a business to make money and jeopardize countless lives. I cannot ignore that. That poses a danger to the community. And your actions pose a danger to the community.
It’s clear from the testimony that I heard, that by the end of this operation, Mr. Walker was the one running it. He’s the one that set up the sales. He’s the one that contacted the stores. He’s the one that gave rise to Mr. Gresham, the purchaser. He’s the one who provided the money for the purchases, who received the guns, and then ultimately was the one who put them in the hands of other people, and it is not lost on this Court that there are still thirty guns out there.
So I look at that, and I look at a very young man, 22 years old, who has a life in front of him, and I need to
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balance all of those things. So I’m going to balance those things by imposing a sentence that I believe reflects the seriousness of these crimes.
And I’m going to tell you right now that five to ten doesn’t do it. Didn’t do it for your brother. And it’s not going to do it here. But I am mindful of the fact that you are a young man who will have a life in front of you. And my hope would be that you can take the time that you are going to serve in prison and use it wisely and use it productively so that when you come out, you can take the considerable skills that I know you have and your family knows you have and put it into something lawful and positive and be a productive law- abiding member of society. That’s my hope for you, and I imagine it’s your family’s hope for you, and it’s your lawyer’s hope for you.
I believe that the sentence I am imposing is necessary[,] that [there is] undue risk that the defendant would commit another crime, that he is in need of correctional treatment, and I think most importantly, any lesser sentence would depreciate the seriousness of the crimes before this Court. N.T., Nov. 29, 2022, 76-80.
Walker filed a motion for reconsideration, which the trial court denied. Walker filed an appeal and raises the following issue:
Was [Walker’s] sentence manifestly excessive where the trial court imposed consecutive sentences totaling 15-30 years of incarceration well in excess of the standard recommended range suggested by the sentencing guidelines and focused solely on the perceived severity of the crime while ignoring [Walker’s] lack of a significant criminal history and excellent prospects for rehabilitation? Walker’s Br. at 4.2 ____________________________________________
2 Walker filed in this Court a pro se letter in which he alleged counsel was ineffective. We remanded to the trial court to determine whether there was an irreconcilable conflict between Walker and his counsel such that he was entitled to new counsel. Order, Aug. 15, 2023. Following remand, new counsel (Footnote Continued Next Page)
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