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    United States v. David Nolan Evans, 11th Cir. (2016)

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    The document is a court case summary from the United States Court of Appeals for the Eleventh Circuit regarding defendant David Nolan Evans' appeal of his 64-month prison sentence for making threats against a government facility. The court upheld the 3-level enhancement of Evans' sentence for targeting government officers or employees, as his threats were aimed at probation officers and other staff at a day reporting center where he was required to undergo drug testing as part of his probation. Evans had admitted calling in threats to blow up the center and leaving a fake explosive device there in order to avoid a drug test that would reveal he had used cocaine, in violation of his probation terms.

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    United States v. David Nolan Evans, 11th Cir. (2016)

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    Scribd Government Docs
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    The document is a court case summary from the United States Court of Appeals for the Eleventh Circuit regarding defendant David Nolan Evans' appeal of his 64-month prison sentence for making threats against a government facility. The court upheld the 3-level enhancement of Evans' sentence for targeting government officers or employees, as his threats were aimed at probation officers and other staff at a day reporting center where he was required to undergo drug testing as part of his probation. Evans had admitted calling in threats to blow up the center and leaving a fake explosive device there in order to avoid a drug test that would reveal he had used cocaine, in violation of his probation terms.

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    Filed: 2016-05-10 Precedential Status: Non-Precedential Docket: 15-13832

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    The document is a court case summary from the United States Court of Appeals for the Eleventh Circuit regarding defendant David Nolan Evans' appeal of his 64-month prison sentence for making threats against a government facility. The court upheld the 3-level enhancement of Evans' sentence for targeting government officers or employees, as his threats were aimed at probation officers and other staff at a day reporting center where he was required to undergo drug testing as part of his probation. Evans had admitted calling in threats to blow up the center and leaving a fake explosive device there in order to avoid a drug test that would reveal he had used cocaine, in violation of his probation terms.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    70 views4 pages

    United States v. David Nolan Evans, 11th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    The document is a court case summary from the United States Court of Appeals for the Eleventh Circuit regarding defendant David Nolan Evans' appeal of his 64-month prison sentence for making threats against a government facility. The court upheld the 3-level enhancement of Evans' sentence for targeting government officers or employees, as his threats were aimed at probation officers and other staff at a day reporting center where he was required to undergo drug testing as part of his probation. Evans had admitted calling in threats to blow up the center and leaving a fake explosive device there in order to avoid a drug test that would reveal he had used cocaine, in violation of his probation terms.

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    You are on page 1of 4

    Case: 15-13832

    Date Filed: 05/10/2016

    Page: 1 of 4

    [DO NOT PUBLISH]

    IN THE UNITED STATES COURT OF APPEALS


    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 15-13832
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 4:15-cr-00064-WTM-GRS-1
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    DAVID NOLAN EVANS,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Southern District of Georgia
    ________________________
    (May 10, 2016)
    Before TJOFLAT, WILLIAM PRYOR and JILL PRYOR, Circuit Judges.
    PER CURIAM:
    David Nolan Evans appeals his sentence of 64 months of imprisonment
    imposed following his plea of guilty to using a telephone or other instrumentality

    Case: 15-13832

    Date Filed: 05/10/2016

    Page: 2 of 4

    of interstate commerce to willfully threaten to kill or injure any individual or to


    damage a building by means of fire or an explosive. 18 U.S.C. 844(e). Evans
    challenges the three-level enhancement of his sentence for targeting a government
    officer or employee. United States Sentencing Guidelines Manual 3A1.2 (Nov.
    2014). We affirm.
    As a condition of his state sentence of probation, Evans was required to
    complete drug treatment at the Savannah Day Reporting Center. The Center is an
    outpatient substance abuse treatment facility operated primarily by probation
    officers employed by the Georgia Department of Corrections. The Center is housed
    in the Southern Oaks Professional Building.
    On December 1, 2014, Evans called 911 and reported having valuable
    information that the Southern Oaks Professional Building is going to be attacked
    between the days of 1 and 14, I dont know what day, but this is very certain. On
    December 22, 2014, Evans called 911 and stated, Everybody at the Savannah Day
    Reporting Center will be killed today. If you think New York was bad, wait until
    you see this. Evans visited the Center on January 12, 2015, and left an object in
    the mens restroom that appeared to be an improvised-explosive device, but the
    object did not contain any explosives. Attached to the device was a letter stating,
    Go boom pigs, shut this place down until after black history month or next one
    will be real, count on it niggers . . . Grand Dragon. Later, Evans admitted to
    2

    Case: 15-13832

    Date Filed: 05/10/2016

    Page: 3 of 4

    making the first call and planting the fake explosive device to avoid taking a
    urinalysis, which would have revealed that he had violated a term of his probation
    by using cocaine.
    The district court did not clearly err by enhancing Evanss sentence for
    targeting a government officer or employee. A defendant is subject to a three-level
    increase in his base offense level if his victim was a government officer or
    employee . . . and the offense of conviction was motivated by such status. Id.
    3A1.2(a). The district court was entitled to find that Evanss victimswhom he
    described as being Everybody at the Savannah Day Reporting Center and the
    pigs . . . [in] this placewere the probation officers and other government
    employees who were responsible for administering and reporting the results of the
    drug tests that Evans sought to avoid. See United States v. Bailey, 961 F.2d 180,
    182 (11th Cir. 1992); see also United States v. Bennett, 368 F.3d 1343, 1358 (11th
    Cir. 2004) (concluding that offense motivated by status of government officer
    when he and other officers announced their presence before executing warrant),
    cert. granted, vacated, and remanded on other ground, 543 U.S. 1110 (2005),
    opinion reinstated, 131 F. Appx 657 (11th Cir. 2005). Evans failed to object to,
    and is deemed to have admitted, the facts in his presentence investigation report
    that his victims included the employees of the Center, see United States v. Wade,
    458 F.3d 1273, 1277 (11th Cir. 2006), and he conceded at sentencing that the
    3

    Case: 15-13832

    Date Filed: 05/10/2016

    Page: 4 of 4

    individuals inside the Savannah Day Reporting Center . . . would be technical


    victims. Because Evans issued the threats to prevent everyone in the Center from
    performing their roles in the probation program, the district court reasonably
    determined that his conduct was motivated by the officers and employees
    positions. See U.S.S.G. 3A1.2 cmt. n.3.
    We AFFIRM Evanss sentence.

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