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U.S. v. RUSSELL

No. 88-1824.

870 F.2d 18 (1989)

UNITED STATES of America, Appellee, v. Robert Donald RUSSELL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 14, 1989.

Order March 30, 1989.

Attorney(s) appearing for the Case

Owen S. Walker, Boston, Mass., for defendant, appellant.

Victor A. Wild, Asst. U.S. Atty., Boston, Mass., for appellee.

Before CAMPBELL, Chief Judge, COFFIN, Senior Circuit Judge, and BOWNES, Circuit Judge.

Order After District Court Response March 30, 1989.

MEMORANDUM AND ORDER

Defendant-appellant Robert D. Russell pleaded guilty to one count of bank larceny. The district court sentenced him to the minimum possible sentence within the guidelines issued pursuant to the Sentencing Reform Act — four months in a community treatment facility. Russell appeals on the ground that the district court may not have recognized that it had the power to impose a sentence...

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