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U.S. v. GARDNER

No. 89-6289.

905 F.2d 1432 (1990)

UNITED STATES of America, Plaintiff/Appellee, v. Richard Frank GARDNER, Defendant/Appellant.

United States Court of Appeals, Tenth Circuit.

June 18, 1990.

Attorney(s) appearing for the Case

Susan M. Otto, Asst. Federal Public Defender, Oklahoma City, Okl. (Rand C. Eddy, Asst. Federal Public Defender, Oklahoma City, Okl., with her on the brief) for defendant/appellant.

Teresa Black, Asst. U.S. Atty., Oklahoma City, Okl. (Timothy D. Leonard, U.S. Atty., Oklahoma City, Okl., with her on the brief) for plaintiff/appellee.

Before McKAY, BARRETT, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Defendant Richard Frank Gardner pled guilty to bank robbery by force and aiding and abetting the commission of a bank robbery in violation of 18 U.S.C. §§ 2 & 2113. On August 11, 1989, the district court sentenced defendant to 210 months of incarceration. In arriving at that sentence, the district court made an upward departure from the applicable range under the United States Sentencing Guidelines because it found that criminal...

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