United States v. Anderson,
Case Nos. 05-5569/05-5697
page 2 of 11
On April 1, 2004, Anderson was released from prison. Fourteen days later, Anderson stole
a loaded Peterbilt tractor trailer from the Omelette House parking lot in Corinth, Mississippi.
Shortly after stealing the tractor trailer, Anderson realized that the trailer was loaded. He drove
the tractor trailer through several states into Tennessee. When he arrived in Tennessee, the tractor-
trailer became disabled in a ditch where he abandoned the truck.
On April 17, 2004, Anderson was arrested in Tennessee. He was charged in a complaint
filed April 19, 2004, and subsequently indicted May 5, 2004. The indictment charged him with
interstate transportation of a stolen motor vehicle in violation of 18 U.S.C. § 2312 and interstate
transportation of a stolen good in violation of 18 U.S.C. § 2314. A subsequent government
investigation revealed that the value of the tractor trailer was $100,000 and the value of the stolen
goods was $166,000.
On December 8, 2004, Anderson entered an “open” plea to the two count indictment without
a plea agreement. During the plea hearing, Anderson admitted that he committed the instant offense
while he was on probation and less than two years after being released from prison. While he
admitted that the value of the merchandise in the trailer exceeded $5,000, the government’s witness
testified that the value of the merchandise exceeded $200,000.
On March 31, 2005, the Presentence Investigation Report (“PSR”) was filed with the district
court. The PSR calculated Anderson’s offense level at fifteen and his criminal history points at
sixteen, which resulted in a criminal history category of VI. Based on his offense level and criminal
history category, the Sentencing Guidelines recommended a range between forty-one and fifty-one
months. Anderson filed a memorandum objecting to the PSR and to the imposition of a sentence