United States Tenth Circuit

A sentence for bank robbery is reversed and remanded pursuant to the government's claim of error where the district court abused its discretion in significantly varying downward from the advisory Guidelines range to sentence him as if he were not a career offender considering that the record showed only that defendant had an extraordinary record as a recidivist bank robber and general criminal, and there was nothing in the record to justify treating him as anything other than a career offender.

Appellate Information

• Decided 02/10/2009
• Published 02/11/2009

Judges

• MURPHY, Circuit Judge., Before KELLY, SEYMOUR, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Elizabethanne C. Stevens, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with her on the briefs), District of Utah, Salt Lake City, UT, for Plaintiff-Appellant.


• For Appellees:
  
• Jeremy M. Delicino, (Stephen R. McCaughey, on the briefs), Salt Lake City, UT, for Defendant-Appellee.