U.S. v. FAIRLESS

No. 91-30344.

975 F.2d 664 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas Everett FAIRLESS, Jr., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 21, 1992.


Attorney(s) appearing for the Case

Michael Mosman, Asst. U.S. Atty., Portland, Or., for plaintiff-appellant.

John A. Wetteland, Jr., Portland, Or., for defendant-appellee.

Before: TANG, FERGUSON, and THOMPSON, Circuit Judges.


FERGUSON, Circuit Judge:

The United States appeals a judgment of the district court sentencing Thomas Everett Fairless to 30 months imprisonment. The government contends that the district court erred in departing downward from the applicable Sentencing Guideline range. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

BACKGROUND

On March 8, 1991, defendant-appellee Thomas Fairless entered a bank wearing a ski mask and brandishing an...

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