U.S. v. HAWKINS

No. 89-6192.

901 F.2d 863 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Harvey Gene HAWKINS, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 20, 1990.


Attorney(s) appearing for the Case

Ted A. Richardson, Asst. U.S. Atty. (Timothy D. Leonard, U.S. Atty., with him on the brief), Oklahoma City, Okl., for plaintiff-appellee.

William P. Earley, Asst. Federal Public Defender, Oklahoma City, Okl., for defendant-appellant.

Before McKAY, SEYMOUR and MOORE, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

Harvey Gene Hawkins, Jr., appeals the decision of the district court to depart above the guidelines in sentencing him for the unarmed robbery of a bank. We conclude the departure was not warranted by the facts and circumstances and remand for resentencing.

At the sentencing hearing, the bank teller testified that at the time of the robbery Mr. Hawkins threatened he had a gun and would kill her if she did not comply with his demand...

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