United States Seventh Circuit

Sentence for bank robbery is affirmed where: 1) the court did not err in its conclusion that an upward adjustment of defendant's sentence beyond the sentencing guidelines range was necessary under the circumstances of the case; and 2) the court did not err in applying a one-level increase to the offense level after adjusting the loss from the robbery for the value of the stolen car, as the sentence was based on U.S.S.G. sec. 3553(a) factors and the increase had little or no effect on the sentence. Defendant Ortiz's sentence is affirmed where the court's increase of defendant's sentence was justified either by his prior convictions under U.S.S.G. sec. 2L1.2 or pursuant to the U.S.S.G. sec. 3553(a) factors.

Appellate Information

• Argued 04/03/2009
• Decided 05/14/2009
• Published 05/14/2009

Judges

• EVANS, Circuit Judge., Before EASTERBROOK, Chief Judge, and EVANS and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Lauren Robel, Attorney (argued), Indiana University School of Law, Bloomington, IN, for Ray Sanner., Janet V. Siegel, Attorney (argued), Seyfarth Shaw LLP, Chicago, IL, for Adolfo Ortiz.


• For Appellees:
  
• Renai Scherri Rodney, Attorney (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee in U.S. v. Sanner, Peter M. Jarosz, Attorney (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee in U.S. v. Ortiz.