Case 1:11-cr-00058-CMA Document 136 Filed 07/12/12 USDC Colorado Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 11-cr-00058-CMA UNITED STATES OF AMERICA, Plaintiff, v. ANTOINE WALLACE, Defendant.

UNITED STATES SENTENCING STATEMENT

The United States of America (the Government), through its representatives, United States Attorney John F. Walsh and Assistant United States Attorneys Hayley E. Reynolds and Judith A. Smith, hereby submits this sentencing statement pursuant to General Order 2002-3 and United States Sentencing Guidelines (USSG) 6A1.2. I. BACKGROUND On June 12, 2012, a jury found Defendant Antoine Wallace guilty of three counts of assaulting, resisting, impeding, and interfering with federal officers and causing bodily injury, in violation of 18 U.S.C. 111(a)(1) and (b). Each of the three offenses carries a statutory penalty of up to twenty years imprisonment; a fine of up to $250,000, or both; up to three years of supervised release; applicable restitution; and a $100 mandatory special assessment fee. Sentencing is set for September 13, 2012.

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II. STATEMENT OF THE FACTS The evidence at trial established the following: On December 21, 2010, Defendant Wallace, an inmate at the United States Penitentiary in Florence, Colorado, went to a scheduled meeting with Correctional Counselors Jason Unwin and Jay ONiel. During that meeting, Counselor ONiel informed Wallace that he being relieved of his unit orderly job. Wallace became angry and disruptive, forcing the counselors to terminate the meeting. Defendant Wallace stormed angrily out of the office and into the common area of the housing unit, pulling off his outer shirt as he walked. He continued up the stairs to his cell where he left his shirt. He then bounded down the stairs, two at a time, and marched purposefully back to the office, hitching up his pants as he went. Pausing only to remove his glasses and hand them to another inmate, Wallace then stormed into the office and smashed Counselor ONiel in the face, knocking him to the floor, unconscious. As Counselor Unwin attempted to get into a defensive position, Wallace punched him in the face as well, knocking him on top of Counselor ONiel. Once both counselors were on the floor, Wallace left the office, closing the door behind him and striding slowly back toward the common room. Counselor Unwin then emerged, dripping with blood, and adjusting his glasses from the blow. He stopped to radio for assistance. At that point, Wallace saw that Counselor Unwin had emerged from the office and turned on him. Before Counselor Unwin could defend himself, Wallace attacked again, slamming both his left and right fists into Counselor Unwins face and pushing him down, causing his head to strike the concrete floor. Counselor Unwin lay motionless and unconscious with a large pool of blood forming around his head. 2

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Other prison staff responded to the emergency call. The nurse who initially treated Counselor ONiel noticed that he had blood on his face and shirt and appeared disoriented and confused from the blow to the head. He was sent to the hospital for further assessment and treatment. Fortunately, Counselor Unwin appeared to suffer no lasting head injury, and the torn lip and soreness to his teeth and tail bone eased after about a month. Counselor Unwin was not so fortunate. Several who arrived on scene thought he was dead, and the treating medical professional believed his carotid artery had been severed because of the amount of the blood. Another responder who knew him personally had to look at his name tag, because the victim was so battered and bloody that she could not recognize him. Counselor Unwin was transported to the hospital by Flight for Life and remained in critical condition for days. He was not released from the hospital for three weeks, and he does not remember most of that time. Counselor Unwin continues to suffer from brain trauma and several other injuries. He has required ongoing physical therapy for the year and a half since the attack and is now deemed permanently medically disabled, so he can never return to his work. III. ESTIMATED GUIDELINE RANGE COUNT 1 - ASSAULT ON COUNSELOR ONIEL A. Base offense level: 14 USSG 2A2.2(a) Specific offense characteristics: 1. Victim sustained bodily injury. +3 USSG 2A2.2(b)(3)(A)

B.

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2.

Defendant was convicted under 18 U.S.C. 111(b). +2 USSG 2A2.2(b)(6)

C.

Victim-related adjustments: Official victim enhancement. +6 USSG 3A1.2(c)(2) Role-in-offense adjustments: None. Obstruction of justice: Perjury when testifying under oath at trial. +2 USSG 3C1.1 and comment (n.2 & 4(B)) Adjusted offense level: 27 COUNT 2 - FIRST ASSAULT ON COUNSELOR UNWIN

D. E.

F.

A.

Base offense level: 14 USSG 2A2.2 Specific offense characteristics: 1. Victim sustained bodily injury. +3 USSG 2A2.2(a)(3)(A) 2. Defendant was convicted under 18 U.S.C. 111(b). +2 USSG 2A2.2(b)(6)

B.

C.

Victim-related adjustments: Official victim enhancement. +6 USSG 3A1.2(c)(2) Role-in-offense adjustments: None. Obstruction of justice: Perjury when testifying under oath at trial. +2 USSG 3C1.1 and comment (n.2 & 4(B)) Adjusted offense level: 27 COUNT 3 - SECOND ASSAULT ON COUNSELOR UNWIN

D. E.

F.

A.

Base offense level: 14 USSG 2A2.2(a) Specific offense characteristics: 1. Victim sustained permanent or life-threatening bodily injury. +7 USSG 2A2.2(b)(3)(C)

B.

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2.

Defendant was convicted under 18 U.S.C. 111(b). +2 USSG 2A2.2(b)(6)

C.

Victim-related adjustments: Official victim enhancement. +6 USSG 3A1.2(c)(2) Role-in-offense adjustments: None. Obstruction of justice: Perjury when testifying under oath at trial. +2 USSG 3C1.1 and comment (n.2 & 4(b)) Adjusted offense level: 31 MULTIPLE COUNTS COMBINED OFFENSE LEVEL According to USSG 3D1.2(d), these offenses listed in Chapter Two, Part A, do

D. E.

F.

not group. Therefore, under USSG 3D1.4, the combined offense level is determined by taking the highest offense level and increasing by one point for each of the three counts of conviction that is equally serious or up to four levels less serious. G. Combined offense level: In this case, Count 3 has the highest offense level of

31. Because all three counts are within four levels, they result in +3. The combined offense level would therefore be 34. H. Preliminary criminal history category: According to the information currently

available to the government, Defendant Wallaces criminal history category is VI. CAREER OFFENDER ADJUSTMENTS According to USSG 4B1.1(a), Defendant Wallace is a career offender, because (1) he was at least 18 years old at the time he committed the offenses of conviction in this case; (2) the instant offenses of conviction were felonies that are crimes of violence; and (3) the Defendant has at least two prior felony convictions for crimes of violence or controlled substance offenses. 5

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I.

Adjusted offense level: 34 Pursuant to USSG 4B1.1(b)(3), the Defendants offense level would be no

lower than 32. But if his offense level is otherwise higher as it is in this case, 34 then the original offense level will apply. J. Adjusted criminal history category: Pursuant to USSG 4B1.1(b), the

Defendants criminal history category is automatically VI. K. Estimated advisory imprisonment range: With the estimated offense level 34 and

the criminal history category VI, the Defendants advisory guideline range of imprisonment would be 262 to 327 months. In any case, the sentence would not exceed the statutory maximum, which is 20 years per count of conviction, or 60 years total. L. Restitution: The Defendant may owe restitution to the victims in this case. The

amount will be calculated separately. M. Fines: Pursuant to USSG 5E1.2, the advisory fine range is $17,500 to

$175,000. N. Supervised release: Pursuant to USSG 5D1.2, the advisory period of

supervised release is 1 to 3 years. IV. SENTENCING RECOMMENDATION The Government believes an upward variance is warranted in this case under 18 U.S.C. 3553(a). Specifically, the Government recommends the statutory maximum of 60 years in prison. Defendant Wallace demonstrates an extreme danger to the public. He has a prior history of egregious violent acts, including assaulting a woman who was

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six months pregnant and shooting at a victim several times with a shotgun. Nor does Wallace need a weapon (besides his own fists) or prior motive in order to effect grave harm on others. His uncontrolled violence on a BOP staff member in this case one whom Wallace admitted he had no previous problems caused permanent brain damage to the victim. And, throughout these trial proceedings, Wallace demonstrated his inability to control himself even in the one venue where most defendants can the courtroom. If trained law enforcement officers are in jeopardy inside a controlled prison environment, then Defendant Wallace represents an intolerable risk to the general public if released. An upward variance is also necessary to adequately represent the seriousness of the offense. Defendant Wallace attacked two victims, he struck one of them four times, and he caused life-threatening and permanently disabling injuries. His actions have forever changed Counselor Unwins life. The victims career was ended at a relatively young age, and he continues to suffer physical pain and psychological trauma more than a year and a half after the crime. Nor does Wallace have any respect for the law or the legal system, as demonstrated by his disrespectful and disruptive behavior in court and his extensive criminal history. In sum, Defendant Wallace is not only violent but utterly lacking in self-control. This combination renders him one of the very few individuals who must be kept incarcerated in order to avoid grave danger to others. Accordingly, the Government respectfully requests a sentence of 60 years.

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Dated this 12th day of July, 2012. Respectfully Submitted, JOHN F. WALSH United States Attorney s/ Hayley E. Reynolds HAYLEY E. REYNOLDS JUDITH A. SMITH Assistant U.S. Attorneys 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 FAX: (303) 454-0406 Email: hayley.reynolds@usdoj.gov judith.smith3@usdoj.gov Attorneys for the United States

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CERTIFICATE OF SERVICE I hereby certify that on this 12th day of July, 2012, I electronically filed the foregoing UNITED STATES SENTENCING STATEMENT with the Clerk of the Court using the CM/ECF system which will send notification of such filing by U.S. mail to the following address: Antoine Wallace, Reg. No. 43470-037 (Legal Mail - Open in Presence of Addressee Only) Federal Bureau of Prisons Federal Correctional Institution P.O. Box 6000 Florence, CO 81226 s/ Hayley E. Reynolds HAYLEY E. REYNOLDS Assistant U.S. Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 FAX: (303) 454-0406 Email: hayley.reynolds@usdoj.gov