U.S. v. LOCKE

No. 89-50667.

918 F.2d 841 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Larnell LOCKE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 13, 1990.


Attorney(s) appearing for the Case

Shawn M. Hays, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Bruce R. Castetter, Larry A. Burns, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before REINHARDT and LEAVY, Circuit Judges, and KING, Senior District Court Judge.


SAMUEL P. KING, District Judge:

On November 11, 1989, appellant was sentenced under the Sentencing Guidelines to 41 months in custody for bank robbery, a violation of 18 U.S.C. § 2113(a). Prior to sentencing, the Probation Department had calculated the applicable guideline range as 37-46 months by taking the offense level of 171 and applying a criminal history category of IV.

Appellant's criminal history category of IV was...

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