U.S. v. BEASLEY

No. 95-10428.

90 F.3d 400 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. John Frederick BEASLEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 24, 1996.


Attorney(s) appearing for the Case

Francine Zepeda, Assistant Federal Defender, Fresno, California, for defendant-appellant.

Kathleen A. Servatius, Assistant United States Attorney, Fresno, California, for plaintiff-appellee.

Before: O'SCANNLAIN and LEAVY, Circuit Judges; HUFF, District Judge.


O'SCANNLAIN, Circuit Judge:

We must decide whether a defendant's conduct during the course of two robberies justified an upward departure from the applicable Sentencing Guideline range.

I

On April 4, 1995, John Frederick Beasley robbed the U.S. Post Office in Pinedale, California. Upon entering the post office, he passed the clerk a note that read: "I have a gun in my pocket, give me all your money or I will shoot." He then instructed the clerk to...

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