United States Eighth Circuit

A sentence for actual or attempted robbery of financial institutions is affirmed over a reasonableness challenge where the district court acted within its discretion in granting the government's request for an upward departure based on defendant's criminal history, as defendant's twenty-two bank robberies were an exceptional circumstance for which the guidelines did not adequately account.

Appellate Information

• Decided 07/21/2006
• Published 07/21/2006

Judges

• SMITH, Circuit Judge., Before SMITH, HEANEY, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Katherine Menendez, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Joseph T. Dixon, argued, Asst. U.S. Attorney, Minneapolis, MN, for appellee.