Usav.Alexander Mcqueen, Et Al
Alexander McQueen and Steven Dawkins were correctional officers at a Florida prison where other officers beat young inmates with broken broomsticks, forced inmates to fight, choked them, and concealed the violence in false or incomplete reports. A jury convicted McQueen of conspiring to violate inmates’ civil rights and obstructing justice, and convicted Dawkins of obstruction. The district court imposed sentences far below the advisory Guidelines ranges—twelve months for McQueen and one month for Dawkins—partly to avoid disparity with a codefendant who pleaded to a misdemeanor. The Eleventh Circuit affirmed the convictions. It rejected the defendants’ challenges to the sufficiency of the evidence, jury instructions, witness bolstering, and other trial rulings. The court held that 18 U.S.C. § 1519 requires knowing falsification or concealment, but does not require proof that the defendant knew the investigation was federal because that jurisdictional fact carries no separate mens rea requirement. On the government’s cross-appeal, the panel vacated both sentences as substantively unreasonable. The district court had focused almost exclusively on avoiding disparity with the codefendant, even though the codefendant was not similarly situated and had not been convicted of comparable felonies. The extreme variances failed to account adequately for the seriousness of repeated custodial violence, concealment, deterrence, and the Guidelines. The case was remanded for resentencing without a prescribed sentence.
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