United States Fifth Circuit

A conviction for bank robbery is affirmed over a challenge to the sufficiency of the evidence, but the sentence is vacated where the district court erred in failing to perform U.S.S.G. section 5K2.13's requisite factual inquiry and instead categorically denying a downward departure because "bank robbery is considered a crime of violence".

Appellate Information

• Decided 10/11/2006
• Published 10/12/2006

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before KING, BARKSDALE and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Charles William Brown (argued), Paul David Macaluso, Dallas, TX, for U.S., Christopher Allen Curtis (argued), Fort Worth, TX, Ira Raymond Kirkendoll, Fed. Pub. Def., Dallas, TX, for Sam.