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U.S. v. BURGUM

No. 09-50449.

633 F.3d 810 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Case BURGUM, aka Joseph Charles Barrett, aka Seal A, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2011.

Attorney(s) appearing for the Case

Sean K. Kennedy , Federal Public Defender, and Alexandra W. Yates (argued), Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

George S. Cardona , Acting United States Attorney, Douglas F. McCormick , Assistant United States Attorney, and Anne C. Gannon (argued), Assistant United States Attorney, Santa Ana, CA, for the plaintiff-appellee.

Opinion by Judge FISHER; Dissent by Judge O'SCANNLAIN.

OPINION

FISHER, Circuit Judge:

Joseph Case Burgum appeals the district court's imposition of a 180-month sentence of imprisonment following his guilty plea to two counts of armed bank robbery in violation of 18 U.S.C. § 2113. Burgum contends that the district court improperly used the statutory maximum instead of the U.S. Sentencing Guidelines range as a starting point for sentencing and improperly treated his inability to pay restitution as an aggravating...

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