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U.S. v. O'DELL

No. 91-5082.

965 F.2d 937 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip W. O'DELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 2, 1992.

Attorney(s) appearing for the Case

Craig Bryant, Asst. Federal Public Defender (Richard Couch, Asst. Federal Public Defender, on the brief), Tulsa, Okl., for defendant-appellant.

Kenneth Snoke, Asst. U.S. Atty. (Tony M. Graham, U.S. Atty., and Gordon B. Cecil, Asst. U.S. Atty., on the brief), Tulsa, Okl., for plaintiff-appellee.

Before LOGAN and McWILLIAMS, Circuit Judges, and SPARR, District Judge.

LOGAN, Circuit Judge.

Defendant Phillip Wayne O'dell pleaded guilty to one count of bank fraud in violation of 18 U.S.C. § 1344. His presentence report determined an offense level of eight and a criminal history category of V. The corresponding sentencing guideline range is from fifteen to twenty-one months. The district court, however, departed from the sentencing guideline range and imposed a sentence of twenty-six months imprisonment. Defendant has appealed...

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