U.S. v. SPEDALIERI

No. 89-2181.

910 F.2d 707 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro V. SPEDALIERI, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 7, 1990.


Attorney(s) appearing for the Case

William D. Fry, Asst. Federal Defender, Las Cruces, N.M., for defendant-appellant.

Robert J. Gorence, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before LOGAN, BALDOCK and BRORBY, Circuit Judges.


BALDOCK, Circuit Judge.

Defendant-appellant, Pedro V. Spedalieri, was convicted of armed robbery in violation of 18 U.S.C. § 2113(a) and (d), and sentenced to fifty-seven months imprisonment. On appeal, Spedalieri argues that the district court erred in 1) denying his motion for a judgment of acquittal on armed robbery (§ 2113(d)) because an actual bomb was not involved, 2) misapprehending its authority to depart downward from the Sentencing Guidelines,...

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