UNITED STATES v. DAVIS

No. 89-5755.

915 F.2d 132 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Wilson Lewis DAVIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 3, 1990.


Attorney(s) appearing for the Case

Charles Linwood Morgan, Jr. (argued), Wishart, Norris, Henninger & Pittman, Charlotte, N.C., for defendant-appellant.

Joseph Douglas Wilson (argued), U.S. Dept. of Justice, Washington, D.C. (Thomas J. Ashcraft, U.S. Atty., David Alan Graham, Asst. U.S. Atty., Charlotte, N.C., on the brief), for plaintiff-appellee.

Before WILKINSON and WILKINS, Circuit Judges, and BULLOCK, United States District Judge for the Middle District of North Carolina, sitting by designation.


PER CURIAM:

Wilson Davis pled guilty to one count of bank robbery in violation of 18 U.S.C. § 2113(a) and to one count of theft of bank funds in violation of 18 U.S.C. § 2113(b). Davis was sentenced pursuant to the Sentencing Guidelines to 240 months in jail. Davis argues on appeal that the district court erred at sentencing by classifying him as a career offender and by not departing downward since he was unarmed during the commission of the robbery. We...

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