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Above-Guideline Sentence for Bank Robbery Affirmed

By Shari Allison

U.S. v. Redmond, 2010 WL 2881515 (7/23/10) (unpub'd) - Affirmance of an above-guideline-range bank robbery sentence. The district court varied from 125 months to 180 months by running 55 months of a sentence for one of the bank robberies consecutively to the others. It does not seem as though the district court realized it was going above the range, which had already accounted for the multiple counts by virtue of the grouping rules. The district court simply relied on 18 U.S.C. § 3584(b), which permitted consecutive sentences. The 10th saw no double-counting problem because the statute is different from the guidelines. The sentence was substantively reasonable due to the "especially serious and dangerous nature" of the robberies in that they were committed during business hours [wow, that hardly ever happens], the defendant's bad criminal record and his likelihood of recidivism...continue to full post

Full post as published by Tenth Circuit Blog on August 04, 2010 (boomark / email).