United States DC Circuit

57-month sentence, followed by 3 years' supervised release and payment of restitution, based on guilty plea to conspiracy to commit armed bank robbery, is affirmed over claims that the district court erred in denying defendant's request for a downward adjustment under Sentencing Guidelines section 3B1.2 because of his minimal role in the conspiracy and in denying a downward departure because he was an alien facing deportation.

Appellate Information

• Argued 10/06/2006
• Decided 12/19/2006
• Published 12/19/2006

Judges

• Before:  GINSBURG, Chief Judge, and ROGERS and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Andrew J. Delehanty, appointed by the court, argued the cause and filed the briefs for appellant.


• For Appellees:
  
• David B. Goodhand, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Roy W. McLeese, III and Barbara E. Kittay, Assistant U.S. Attorneys.