United States v. Sexton

Sexton entered a bank and presented a note, stating that he was robbing the bank. The teller retrieved $1,610 from a drawer and gave it to Sexton, who took the money and the note and left the bank. Sexton was arrested later that day and charged with bank robbery by intimidation, 18 U.S.C. 2113(a). Sexton pleaded guilty; the government agreed to recommend a sentence at the low end of the guideline range. The PSR concluded that the guideline range was 63-78 months of imprisonment, but recommended a five-level upward departure to reflect the inadequacy of Sexton’s criminal history category, pursuant to USSG 4A1.3,1 resulting in a guideline range of 100-125 months. The PSR recommended a sentence of 120 months. Sexton emphasized that the robbery was nonviolent and fueled by his need to obtain money to satisfy his drug addiction and argued that the PSR failed to explain why it recommended a five-level upward departure. The district judge, agreeing that Sexton’s extensive criminal history merited an upward departure, imposed a sentence of 96 months of imprisonment, noting that a two-, three-, or four-level upward departure all would permit the 96-month sentence. The Sixth Circuit affirmed, finding that the departure was not substantively unreasonable and that the sentence was adequately explained. View "United States v. Sexton" on Justia Law