Petition for Writ of Certiorari — Keatron Walls, Petitioner v. United States

APPENDIX

1.) Opinion of the Court of Appeals for the Sixth Circuit in United States v.

Hope, No. 2:19-cr-20126 (6th Cir. Filed October 20, 2023).

2.) Order of the United States Court of Appeals for the Sixth Circuit denying for

Petition for Rehearing En Banc.

3.) Order of the United States Court of Appeals for the Sixth Circuit issuing its

mandate.

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UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

100 EAST FIFTH STREET, ROOM 540

POTTER STEWART U.S. COURTHOUSE

CINCINNATI, OHIO 45202-3988

Deborah S. Hunt

Clerk

Tel. (513) 564-7000

www.ca6.uscourts.gov

Filed: October 20, 2023

Mr. Tony R. Arvin

Ms. Naya Bedini

Ms. Murrell M. Foster

Office of the U.S. Attorney

167 N. Main Street

Suite 800

Memphis, TN 38103

Mr. Alexander Conrad Wharton

Law Office

1575 Madison Avenue

Memphis, TN 38104

Re: Case No. 22-5803, USA v. Keatron Walls

Originating Case No. : 2:19-cr-20126-1

Dear Counsel,

The Court issued the enclosed opinion today in this case.

Enclosed are the court’s unpublished opinion and judgment, entered in conformity with Rule

36, Federal Rules of Appellate Procedure.

Sincerely yours,

s/Cathryn Lovely

Opinions Deputy

cc: Ms. Wendy R. Oliver

Enclosures

Mandate to issue

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NOT RECOMMENDED FOR PUBLICATION

File Name: 23a0453n.06

Case No. 22-5803

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

FILED

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

KEATRON WALLS,

Defendant-Appellant.

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)

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Oct 20, 2023

DEBORAH S. HUNT, Clerk

ON APPEAL FROM THE UNITED

STATES DISTRICT COURT FOR

WESTERN

DISTRICT

OF

TENNESSEE

OPINION

Before: McKEAGUE, READLER and DAVIS, Circuit Judges.

STEPHANIE D. DAVIS, Circuit Judge. On April 5, 2022, a jury convicted Keatron Walls

of six counts relating to the stalking and kidnapping of his former girlfriend, Felicia Odom, and

the kidnapping of her new romantic partner, Curtis Walls, in violation of 18 U.S.C. §§ 1201(a)(1),

2261A(1), and 924(c). Walls now appeals, arguing that his convictions on two of these counts are

invalid because (1) § 2261A(1) is an unconstitutional expansion of the Commerce Clause power,

and (2) there was insufficient evidence presented at trial to show that he possessed the requisite

intent to commit interstate stalking.

He also challenges the procedural and substantive

reasonableness of his sentence, arguing that the district court applied an incorrect Sentencing

Guidelines provision to establish his base offense level and erred when it denied his request for a

sentence variance based on his lengthy mental health history. For the following reasons, we

AFFIRM.

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I.

Background. Walls stalked Felicia Odom over the course of about 16 months, after she

ended their relationship sometime between October 17 and 20, 2016. During this period, Walls

committed serious acts of violence and intimidation against Odom and her family members,

leading officials to obtain an indictment charging him with eleven counts1 related to stalking and

kidnapping. As relevant on appeal, Count 5 charged Walls with traveling from Tennessee to

Mississippi with the intent to injure, harass, and intimidate Odom, in violation of 18 U.S.C.

§ 2261A(1). Count 6 was predicated on Count 5 and charged him with discharging a firearm

during the commission of a crime of violence, in violation of § 924(c).2

At trial, the government presented evidence that, on November 23, 2016, armed with an

assault rifle, Walls drove from the Clarksville, Tennessee area to the home of Odom’s mother,

Elizabeth Odom, in northern Mississippi. Odom and her young daughter lived there with Odom’s

mother. On that day, Odom, Curtis Walls, and several other relatives were present at the home.

That evening, Walls called the home’s landline telephone number and asked Odom, who had

answered the phone, whether her young daughter was home. Odom hung up the phone once Walls

identified himself. As it happens, Odom’s daughter had left the house with her father about 20

minutes before the call. Within minutes of speaking with Odom on the phone, Walls showed up

outside the house and fired multiple gunshots through the home’s front window. Several of the

home’s occupants were sitting in the living room and were visible through the window. The

gunshots injured four of Odom’s relatives who were inside the home at this time. One victim

1

The government moved to dismiss Counts 4 and 11 before trial.

2

The jury also convicted Walls on Counts 7 through 10, which charged him with kidnapping Odom and her romantic

partner on April 20, 2018, and transporting them between Tennessee and Mississippi state lines for the purposes of

harassment, assault, retaliation, and intimidation, in violation of § 1201(a)(1). We decline to recount those details

here because his appeal solely challenges his convictions as to Counts 5 and 6.

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suffered internal injuries after being shot in the lower abdomen and also had to have his finger

amputated; another had to undergo a below-the-knee amputation of his right leg as a result of his

injuries.

According to Odom’s mother, Walls had foreshowed this shooting about a month earlier

in the days after Odom ended her relationship with him. Specifically, Odom’s mother testified

that Walls had come to her home on October 29, 2016, a day after he allegedly had taken and held

Odom against her will the evening before. During his visit, he confessed that he had hit Odom as

“hard as [he] could” in an effort to provoke her to tears while she was with him. He then asked

whether she would cry if he fired gunshots into her mother’s home when that tactic failed.

Evidence revealing the events of November 23, 2016, and demonstrating Walls’s intent to

injure or harass Odom that day was extensive. Multiple witnesses testified about the November

23, 2016, shooting. Law enforcement officers found an assault rifle in Walls’s car and a firearms

identification expert testified that the shell casings from the November 23, 2016 shooting matched

this weapon. Further, phone records showed that Walls used two cellular phones that day, a fact

that supported a reasonable inference that he did so to create a false alibi based on his whereabouts

during the shooting. Specifically, cellular site analysis showed that one of Walls’s phones stayed

near a cousin’s home in Olive Branch, Mississippi and that this phone had received and placed

calls on November 23, 2016. Yet, data associated with Walls’s other phone showed that it was

located near Elizabeth Odom’s residence for an extended period that day and quickly moved away

from the scene after gunshots were fired into her home.

Walls moved for judgment of acquittal at the end of the government’s proof and then again

after closing arguments. The district court denied both motions. Afterward, the jury returned a

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verdict, acquitting Walls of three charges pertaining to the alleged October 2016 kidnapping and

convicting him on the remaining counts.

At Walls’s sentencing hearing, he received a sentence of 444 months’ imprisonment, based

in part on the district court’s application of U.S.S.G. § 2A2.1(a)(1) by way of cross-reference from

§ 2A6.2. Walls objected to the court’s application of § 2A2.1(a)(1). He also requested a

sentencing variance based on his mental health history. But the district court overruled Walls’s

objection and denied his request for a variance.

Walls appeals, challenging the constitutionality of 18 U.S.C. § 2261A—the statute under

which he was convicted for Count 5 and the predicate offense for Count 6. He also disputes the

sufficiency of evidence presented at trial, the denial of his Motion for Judgment of Acquittal, and

the procedural and substantive reasonableness of his sentence.

II.

We first consider Walls’s challenge to the validity of his convictions as to Counts 5 and 6.

Although we typically review “questions of law and statutory interpretation de novo,” United

States v. Al-Zubaidy, 283 F.3d 804, 810 (6th Cir. 2002), because Walls failed to raise his

constitutional challenge in the trial court, we review this claim for plain error. United States v. AlMaliki, 787 F.3d 784, 791 (6th Cir. 2015); United States v. Vonner, 516 F.3d 382, 385 (6th Cir.

2008). “To establish plain error, a defendant must show that: (1) an error occurred in the district

court; (2) the error was obvious or clear; (3) the error affected defendant’s substantial rights; and

(4) this adverse impact seriously affected the fairness, integrity, or public reputation of the judicial

proceedings.” United States v. Gardiner, 463 F.3d 445, 459 (6th Cir. 2006) (quoting United States

v. Emuegbunam, 268 F.3d 377, 406 (6th Cir. 2001)). “The plain error doctrine mandates reversal

only in exceptional circumstances and only where the error is so plain that the trial judge and

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prosecutor were derelict in countenancing it.” United States v. Carroll, 26 F.3d 1380, 1383 (6th

Cir. 1994) (cleaned up).

A.

Constitutionality of 18 U.S.C. § 2261A(1). Walls argues, for the first time on appeal, that

both his stalking conviction and the firearm conviction predicated on it are invalid because

§ 2261A(1) is an unconstitutional expansion of Congress’s authority under the Commerce Clause

of the United States Constitution. His argument hinges on the assertion that the conduct here

occurred all in one state and thus does not properly implicate the Commerce Clause. He posits

that Congress has encroached upon states’ sovereignty in seeking to punish criminal activity that

is limited within an individual state’s borders. As pertains to his criminal conduct on November

23, 2016, he insists that it occurred in only one state: Mississippi. This is because he had not

formed the requisite “intent” to “injure, harass, and intimidate another person” when he traveled

from the Clarksville, Tennessee area into northern Mississippi. Rather, he crossed state lines that

day to attend a family gathering and ostensibly decided to shoot into Elizabeth Odom’s home only

after he entered Mississippi.

Accordingly, he argues that upholding his conviction under

§ 2261A(1) and his related conviction under § 924(c) would undermine Mississippi’s prosecutorial

authority by permitting the federal government to regulate conduct that has “very little, if any,

effect on or use of the channels of [the] interstate.” (Dkt. 17, PageID 21).

As an initial matter, we have previously upheld the constitutionality of § 2261A(1) and are

bound by this precedent. See Al-Zubaidy, 283 F.3d at 811–12; see also, United States v. Roberts,

No. 22-3587, 2023 WL 6814956, at * 8 (6th Cir. Oct. 17, 2023). The statute punishes a defendant,

who:

travels in interstate or foreign commerce . . . with the intent to kill, injure, harass,

intimidate, or place under surveillance with the intent to kill, injure, harass, or

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intimidate another person, and in the course of, or as a result of, such travel . . .

places that person in reasonable fear of the death of, or serious bodily injury to[,]

that person [or] an immediate family member . . . of that person.

§ 2261A(1)(A)(i)-(ii).

In Al-Zubaidy, we reiterated that the Commerce Clause empowers Congress to regulate (1)

the channels of interstate commerce, (2) the instrumentalities of interstate commerce, including

persons or things in interstate commerce, and (3) intrastate activity if it has a substantial effect on

commerce. Id. at 810. Because longstanding jurisprudence endorses Congress’s extensive power

under this first category, see, e.g., United States v. Darby, 312 U.S. 100, 114 (1941); see also

United States v. Lopez, 514 U.S. 549, 558–59 (1995) (collecting cases and outlining the three

categories), we explained that a statute that “punishes persons for using the channels of interstate

commerce to bring ‘the spread of any evil or harm to the people of other states from the state of

origin’ is directly within Congress’s Commerce Clause power.” Al-Zubaidy, 283 F.3d at 811

(quoting Brooks v. United States, 267 U.S. 432, 436 (1925)). Finding that § 2261A(1) performs

this exact function by making it a crime to travel in interstate or foreign commerce with the intent

to stalk another person, we concluded that its enactment constituted a proper exercise of

congressional power. Id. at 811–12.

Walls, nevertheless, urges us to overturn our decision in Al-Zubaidy in light of the Supreme

Court’s decision in Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228 (2022). He

says that decision has “heralded . . . a ‘new era’ of interstate Commerce Clause jurisprudence,”

that compels our reconsideration of a long-settled matter. (Dkt 17, PageID 19). Yet he offers no

explanation as to how that might be the case, and we discern none.

Notably, the Dobbs decision does not discuss the scope of the Commerce Clause power or

any congressional power for that matter. See generally Dobbs, 142 S. Ct. 2228. Despite this

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silence, Walls argues that, because Dobbs holds that the issue of abortion should be decided by the

States, the same is true for “the question of the prosecution of alleged illegal acts that occur solely

in one state.” (Dkt. 17, PageID 20). This argument invites a misapplication of Dobbs and fails

for at least two additional reasons. First, § 2261A(1) does not regulate intrastate activity, as Walls

contends. And we know this because its plain language explicitly includes interstate travel as a

jurisdictional element.

As we observed in Al-Zubaidy, a statute that includes “an explicit

jurisdictional element requiring interstate travel” falls within the first category of Commerce

Clause regulation and is therefore “well within Congress’s plenary authority.” 283 F.3d. at 812.

Second, his contention that his own criminal activity on November 23, 2016 occurred solely in

one state is a factual argument that has no bearing on the constitutionality of the statute. And on

that score, as discussed in our sufficiency-of-the-evidence analysis below, the jury considered the

evidence and ultimately rejected Walls’s proffered view. We will not disturb the jury’s factual

determination simply because Walls insists. See United States v. Assfy, No. 20-1630, 2021 WL

2935359, at *5 (6th Cir. July 13, 2021) (“We do not weigh the evidence, consider the credibility

of witnesses or substitute our judgment for that of the jury.” (cleaned up)); see also United States

v. Volkman, 797 F.3d 377, 394 (6th Cir. 2015). Thus, there is no legitimate concern that

§ 2261A(1) or Walls’s prosecution pursuant to this statute violated any constitutional principle.

No error was committed.

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B.

Sufficiency of Evidence. Walls next argues there was insufficient evidence on which to

convict him of Counts 5 and 6. He insists that the government failed to present any “real evidence”

at trial to show beyond a reasonable doubt that he possessed the requisite “intent” to “injure, harass,

and intimidate another person,” as required by § 2261A(1), when he traveled from the Clarksville,

Tennessee area into Mississippi on November 23, 2016. As a result, says Walls, the district court

erred when it denied his Motion for Judgment of Acquittal.

We review challenges to the sufficiency of the evidence and the denial of a motion for a

judgment of acquittal de novo. United States v. Tocco, 200 F.3d 401, 424 (6th Cir. 2000).

Applying this standard, “the relevant question is whether, after viewing the evidence in the light

most favorable to the prosecution, any rational trier of fact could have found the essential elements

of the crime beyond a reasonable doubt.” United States v. Williams, 998 F.3d 716, 727 (6th Cir.

2021) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)). “Circumstantial evidence alone is

sufficient to sustain a conviction under this deferential standard of review.” United States v.

Fekete, 535 F.3d 471, 476 (6th Cir. 2008). Indeed, “[t]he general rule in criminal cases is that

intent may be inferred from the totality of the circumstances surrounding the commission of the

prohibited act.” Al-Zubaidy, 283 F.3d at 809 (internal quotation marks and citation omitted).

As discussed, § 2261A(1) requires a showing that: (1) interstate travel occurred, (2) the

defendant’s intent was to kill, injure, harass or intimidate another person; and (3) the person he

intended to target was placed in reasonable fear of death or serious bodily injury to herself or

(among others) her intimate partner as a result of that travel. Id. at 808. It is not enough that a

defendant crossed state lines and then later stalked his victims. Id. at 809. Rather, he must have

possessed the requisite intent at the time he crossed state lines. Id.

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The evidence of Walls’s conduct before, on, and after the November 23, 2016, shooting

provided ample support to find that he possessed the intent to injure or harass Odom when he

crossed state lines that day. Odom testified that Walls had held her captive and sexually assaulted

her just a month before. Elizabeth Odom corroborated that her daughter was taken against her will

and added that, when Walls freed Odom the next day, he confessed that he asked Odom about how

she would react if he fired gunshots into her mother’s home. The evidence presented showed that

Walls actualized this hypothetical a few weeks later. Specifically, testimony at trial established

that the shell casings found at the scene of the November 23, 2016, shooting were fired from a

7.62mm rifle and that law enforcement found just such a rifle in the car that Walls drove from

Tennessee to Mississippi that same day. It was thus reasonable for the jury to infer that Walls

transported the rifle from one state to the other because he intended to use it. Further, cellular site

data analysis suggested that Walls attempted to create a false alibi to conceal his intentions by

using a decoy phone to place and receive calls on the day of the shooting from a location other

than Elizabeth Odom’s home. Moreover, the evidence of the April 20, 2018, kidnapping for which

Walls was also convicted, showed that Walls continued to nurse and maintain his intent to injure

or harass Odom over the course of many months. Based on the totality of the circumstances and

viewing the evidence in the light most favorable to the prosecution, this evidence was sufficient to

permit a rational trier of fact to conclude that Walls possessed the requisite intent to injure or harass

Odom. Accordingly, the district court’s denial of Walls’s Motion for Judgment of Acquittal also

survives our de novo review.

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III.

Walls lastly challenges his sentence as unreasonable and contends that the district court

erred when it denied his request for a downward variance under 18 U.S.C. § 3553(a) given his

lengthy mental health history.

A.

Application of U.S.S.G § 2A2.1. Revisiting his earlier argument, Walls asserts that the

district court erred when it applied U.S.S.G. § 2A2.1, rather than § 2A2.2, to determine his offense

level because there was insufficient evidence to find that he intended to murder Odom on

November 23, 2016. Specifically, he argues that there was no evidence at trial to show that he

threatened to kill Odom “at any point on or before November 23, 2016,” (Dkt. 17, PageID 29),

and that the government’s reliance on the threat he made to fire a weapon into Elizabeth Odom’s

house after the events of October 28, 2016, is faulty because the jury acquitted him of the only

federal charges (i.e., Counts 1 through 3) he faced for his conduct from that day. He also contends

that, even if this Court should accept the district court’s finding that he fired gunshots into “a

home,” that finding does not permit a reasonable inference that he intended to kill Odom or any

other person in the home at the time because the home’s window acted as a “significant barrier

between [himself] and [his victims].” (Id., PageID 31). Based on the evidence presented at trial

and the district court’s factual findings at sentencing, these arguments have no merit.

“When reviewing challenges to sentence enhancements, we review the district

court’s factual findings for clear error and its legal conclusions de novo.” United States v. Howell,

17 F.4th 673, 689 (6th Cir. 2021) (cleaned up).

Crafting any defendant’s sentence begins with properly calculating the advisory range from

the United States Sentencing Guidelines. The district court first looked to § 2A6.2, the sentencing

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guideline for stalking or domestic violence offenses, to establish Walls’s base offense level. With

respect to Count 5, the court applied § 2A6.2(c)’s cross-reference provision which addresses

offenses that involve the commission of another criminal offense. In that instance, the provision

directs the court to apply the “offense guideline from Chapter Two, Part A (Offenses Against the

Person) most applicable to that other criminal offense” if it results in an offense level greater than

that calculated under § 2A6.2(a) and (b). Based on this directive, the district court applied

§ 2A2.1(a)(1) to obtain Walls’s base offense level, reasoning that (1) the trial evidence showed

Walls had attempted first degree murder on November 23, 2016, when he fired into Elizabeth

Odom’s home in northern Mississippi and (2) this guideline provided a higher offense level. Walls

objected to § 2A2.1(a)(1)’s application, arguing that the jury “only found” that he had crossed state

lines with the intent to commit stalking—not murder. Thus, Walls argued that the court should

instead apply § 2A2.2, the sentencing guideline for aggravated assault. The district court overruled

the objection, finding there was “significant proof” that Walls stalked Odom on November 23,

2016, with the intent to kill.

Section 2A2.1(a)(1) applies “if the object of the offense would have constituted first degree

murder.” For purposes of this guideline, “murder” is the “unlawful killing of a human being with

malice aforethought.” Howell, 17 F.4th at 690 (citation omitted). A murder is “in the first degree”

if perpetrated willfully, deliberately, maliciously, or with premeditation. Id. Attempted murder

requires a specific intent to kill. Id. Thus, “[t]o apply the attempted murder guideline, the district

court must find that the defendant possessed the specific intent to kill, unless the facts presented

inevitably lead to [such] a finding.” Id. (quoting United States v. Morgan, 687 F.3d 688, 697 (6th

Cir. 2012) (internal quotation marks omitted)).

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Here, the district court specifically pointed to trial testimony that (1) the victims were

visible to Walls through the window of Elizabeth Odom’s home; (2) Walls called Elizabeth

Odom’s landline telephone number to confirm whether Odom’s young daughter was present in the

home minutes before the shooting; and (3) Walls had made prior statements about firing gunshots

into Elizabeth Odom’s home to support its finding that Walls’s conduct constituted “assault with

intent to commit the murder in the first degree.” (R. 122, PageID 1846).

Walls’s contention that a glass window separated him from his victims does not diminish

the weight of this evidence or lead us to a “definite and firm conviction that a mistake has been

committed.” Howell, 17 F.4th at 691 (citation omitted). On the contrary, the district court’s

findings align with an observation we have made on multiple occasions that “specific intent to kill

could be inferred from a defendant firing a gun aimed at an individual.” Id. at 690 (quoting United

States v. Bradford, 822 F. App’x 335, 339 (6th Cir. 2020)); see also United States v. James, 575

F. App’x 588, 596–97 (6th Cir. 2014). Walls knew Odom was inside the home at the time he used

an assault rifle to fire multiple shots into her mother’s house. While it was dark outside, the inside

of the house was illuminated by light—a fact that buttresses the district court’s conclusion that

Walls could see his victims. Moreover, on at least one prior occasion, Walls had threatened to kill

Odom.3 From these facts, the district court reasonably concluded that a preponderance of the

evidence demonstrated that Walls did not simply act recklessly, as he contends, but that he had the

specific intent to kill. As such, it properly concluded that § 2A2.1(a)(1) contained the appropriate

cross-reference, and no reversible error occurred.

To the extent that the district court relied on Walls’s acquitted conduct to determine his sentence, we find that this

decision is permissible and supported by circuit precedent. See United States v. White, 551 F.3d 381, 385 (6th Cir.

2008) (en banc) (finding that trial courts may rely on acquitted conduct when selecting a sentence within the statutory

range “as long as the sentence imposed falls within the range prescribed by law for [the] convicted conduct”) (emphasis

in original).

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B.

Substantive and Procedural Reasonableness of Sentence. Finally, Walls challenges the

reasonableness of his sentence, a claim we review for abuse of discretion. United States v. Brooks,

628 F.3d 791, 795 (6th Cir. 2011).

“A district court’s sentencing decision must be both

procedurally and substantively reasonable.” United States v. Gardner, 32 F.4th 504, 529 (6th Cir.

2022). Procedural reasonableness focuses on the method that the district court used to arrive at

the length of a sentence while substantive reasonableness considers whether the length of the

sentence itself is reasonable given the “totality of the circumstances.” Id. (citation omitted).

Procedural reasonableness requires that the district court “properly calculate the guidelines range,

treat the guidelines as advisory, consider the § 3553(a) factors and adequately explain the chosen

sentence—including an explanation for any variance from the guidelines range.” United States v.

Presley, 547 F.3d 625, 629–30 (6th Cir. 2008) (quoting United States v. Grossman, 513 F.3d 592,

595 (6th Cir. 2008)). These factors include, among other things, the history and characteristics of

the defendant. 18 U.S.C. § 3553(a)(1).

Walls argues that the district court offered only passing consideration of his mental health

history and thus abused its discretion when it denied his request for a downward variance under

§ 3553(a) given his various mental health disorders. We disagree.

The record shows that the district court devoted considerable attention to Walls’s mental

health history. Walls’s Presentence Report (“PSR”) included several paragraphs describing his

mental health conditions from childhood well into adulthood. The district court expressly took

into consideration all “information contained in the presentence report,” along with “all

information [that had] been presented” on Walls’s mental health history, including a report from a

psychiatric evaluation that documented and explained several mental health diagnoses he has

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received. (R. 122, PageID 1905; 1909.) Only after considering each of these pieces of information

about Walls’s mental health history did the district court deny his request for a variance.

Importantly, the district court balanced any concerns about Walls’s mental health history against

other factors to be weighed under the statute. The court explained at the sentencing hearing that it

denied Walls’s request because it could not find sufficient support to vary from the Guidelines

range given the combination of the extreme nature and seriousness of his offenses and their impact

on his victims, as well as the need to deter others from engaging in similar conduct in the future—

also important considerations under § 3553(a). This explanation “provide[s] enough detail to

allow [this Court] . . . to conclude that the district court adequately considered the relevant statutory

factors.” Presley, 547 F.3d at 630 (citation omitted). As noted, Walls stalked Odom for months,

kidnapped her and Curits Walls on at least one occasion, and shot four of Odom’s relatives with a

high-caliber assault rifle—permanently maiming two of them. The district court thus afforded

Walls the appropriate procedural protections he was due: after calculating the Guidelines range4

and recognizing its authority to depart or vary from them, it weighed the factors set forth in

§ 3553(a) and reasonably concluded that it should adhere to the Sentencing Guidelines. We find

nothing to suggest that it abused its discretion by doing so.

Although Walls also asserts that his sentence is substantively unreasonable, he develops

no argument as to why that is the case. It is well settled in this circuit that, “[i]ssues adverted to in

a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed

waived. It is not sufficient for a party to mention a possible argument in the most skeletal way,

leaving the court to . . . put flesh on its bones.” McPherson v. Kelsey, 125 F.3d 989, 995–96 (6th

4

Other than the application of U.S.S.G. § 2A2.1, which we have determined was properly applied here, neither party

has disputed the accuracy of the Guidelines calculations on appeal. We therefore presume, without deciding, their

overall correctness here.

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Page: 15

Case No. 22-5803, United States v. Walls

Cir. 1997) (citation omitted). Even were that not the case, we discern no reason to find that the

district court abused its discretion. “The substantive reasonableness inquiry determines if the

length of a sentence conforms with the sentencing goals set forth in 18 U.S.C. § 3553(a).” United

States v. Small, 988 F.3d 241, 258 (6th Cir. 2021). This inquiry includes whether the district court

arbitrarily decided on a sentence, based “the sentence on impermissible factors,” failed “to

consider relevant sentencing factors,” or gave “an unreasonable amount of weight to any pertinent

factor.” Id. at 259 (citation omitted). Walls’s sentence is in no way arbitrary given the district

court’s well-supported factual findings and reasonable weight afforded to the statutory sentencing

factors.

Moreover, his sentence falls within the recommended guideline range and is

presumptively reasonable. See Brooks, 628 F.3d at 796 (“Sentences that fall within the applicable

Guidelines range are rebuttably presumed to be reasonable.”). Walls has offered nothing to rebut

the presumption of reasonableness for his within-Guidelines sentence. And given our discussion

of the district court’s articulated reasoning for sticking to the Guidelines, we find nothing to

suggest that it abused its discretion by doing so here.

IV.

For all above stated reasons, we AFFIRM.

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(17 of 17)

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

No. 22-5803

UNITED STATES OF AMERICA,

FILED

Plaintiff - Appellee,

Oct 20, 2023

DEBORAH S. HUNT, Clerk

v.

KEATRON L. WALLS,

Defendant - Appellant.

Before: McKEAGUE, READLER, and DAVIS, Circuit Judges.

JUDGMENT

On Appeal from the United States District Court

for the Western District of Tennessee at Memphis.

THIS CAUSE was heard on the record from the district court and was submitted on the briefs

without oral argument.

IN CONSIDERATION THEREOF, it is ORDERED that the judgment of the district court is

AFFIRMED.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk

Case: 22-5803

Document: 36-1

Filed: 01/05/2024

Page: 1

No. 22-5803

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

KEATRON WALLS,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

)

)

ORDER

BEFORE: McKEAGUE, READLER and DAVIS, Circuit Judges.

The court received a petition for rehearing en banc. The original panel has reviewed the

petition for rehearing and concludes that the issues raised in the petition were fully considered

upon the original submission and decision of the case. The petition then was circulated to the full

court. No judge has requested a vote on the suggestion for rehearing en banc.

Therefore, the petition is denied.

ENTERED BY ORDER OF THE COURT

Kelly L. Stephens, Clerk

Powered by TCPDF (www.tcpdf.org)

(1 of 2)

Case: 22-5803

Document: 36-2

Filed: 01/05/2024

Page: 1

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

100 EAST FIFTH STREET, ROOM 540

POTTER STEWART U.S. COURTHOUSE

CINCINNATI, OHIO 45202-3988

Kelly L. Stephens

Clerk

Tel. (513) 564-7000

www.ca6.uscourts.gov

Filed: January 05, 2024

Mr. Alexander Conrad Wharton

Law Office

1575 Madison Avenue

Memphis, TN 38104

Re: Case No. 22-5803, USA v. Keatron Walls

Originating Case No.: 2:19-cr-20126-1

Dear Mr. Wharton,

The Court issued the enclosed Order today in this case.

Sincerely yours,

s/Beverly L. Harris

En Banc Coordinator

Direct Dial No. 513-564-7077

cc: Mr. Tony R. Arvin

Ms. Naya Bedini

Ms. Murrell M. Foster

Enclosure

(2 of 2)

Case: 22-5803

Document: 37

Filed: 01/17/2024

Page: 1

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Kelly L. Stephens

Clerk

100 EAST FIFTH STREET, ROOM 540

POTTER STEWART U.S. COURTHOUSE

CINCINNATI, OHIO 45202-3988

Tel. (513) 564-7000

www.ca6.uscourts.gov

Filed: January 17, 2024

Ms. Wendy R. Oliver

U.S. District Court

for the Western District of Tennessee

167 N. Main Street

Room 242

Memphis, TN 38103

Re: Case No. 22-5803, USA v. Keatron Walls

Originating Case No. 2:19-cr-20126-1

Dear Ms. Oliver:

Enclosed is a copy of the mandate filed in this case.

Sincerely yours,

s/Patricia J. Elder, Senior Case Manager

for Robin Baker, Case Manager

cc: Mr. Tony R. Arvin

Ms. Naya Bedini

Ms. Murrell M. Foster

Mr. Alexander Conrad Wharton

Enclosure

Case: 22-5803

Document: 37

Filed: 01/17/2024

Page: 2

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

________________

No: 22-5803

________________

Filed: January 17, 2024

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

KEATRON L. WALLS

Defendant - Appellant

MANDATE

Pursuant to the court's disposition that was filed 10/20/2023 the mandate for this case hereby

issues today.

COSTS: None