United States DC Circuit

It was not clear error for district court, without a request from appellant, not to depart downward under the U.S.S.G. based on appellant's contention that his robbery was not a crime of violence, or because "career criminal" status overstates appellant's criminal history and likelihood of recidivism.

Appellate Information

• Argued 02/14/2002
• Decided 04/26/2002
• Published 04/26/2002

Judges

• Before:  HENDERSON and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Sean Grimsley, Assistant Federal Public Defender, argued the cause for the appellant.  A. J. Kramer, Federal Public Defender, was on brief.  Gregory L. Poe, Assistant Federal Public Defender, entered an appearance.


• For Appellees:
  
• Matthew P. Cohen, Assistant United States Attorney, argued the cause for the appellee.  Roscoe C. Howard, Jr., United States Attorney, and John R. Fisher, Assistant United States Attorney, were on brief.