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U.S. v. MAHLER

No. 88-5193.

891 F.2d 75 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. John Giles MAHLER, III, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 8, 1989.

Attorney(s) appearing for the Case

William Lee Davis, for defendant-appellant.

Shelly Alexann Longmuir (Margaret Person Currin, U.S. Atty., on brief), for plaintiff-appellee.

Before WIDENER, Circuit Judge, HAYNSWORTH, Senior Circuit Judge, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

WIDENER, Circuit Judge:

Appellant, John Giles Mahler, III, was convicted and sentenced on his plea of guilty to robbing a bank in violation of 18 U.S.C. § 2113(a) and now appeals his sentence. Because the offense occurred after November 1, 1987, the district court applied the Sentencing Guidelines of the Sentencing Reform Act of 1984. See 18 U.S.C. §§ 3551 et seq. It departed, however, from the guidelines...

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