United States Tenth Circuit

Defendant's bank robbery sentence is affirmed where the facts of defendant's high-speed car chase following the robbery, which formed the basis for the district court's upward departure, were exceptional, and therefore outside of the heartland of ordinary cases.

Appellate Information

• Decided 01/26/2010
• Published 01/26/2010

Judges

• PER CURIAM., Before HENRY, Chief Judge, and SEYMOUR and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Barry L. Derryberry, Research and Writing Specialist (Julia L. O'Connell, Federal Public Defender, and Robert A. Ridenour, Assistant Public Defender, with him on the brief), Office of the Federal Public Defender, Eastern District of Oklahoma, Tulsa, OK, for Defendant-Appellant., Douglas E. Snow, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, with him on the brief), United States Attorney's Office, Eastern District of Oklahoma, Muskogee, OK, for Plaintiff-Appellee.