Baldrich

BACKGROUND

On January 12, 2005, Mario Baldrich was arrested and sub- sequently charged with seven counts of bank robbery and two counts of attempted bank robbery all in violation of 18 U.S.C. § 2113(a). During the three months after Baldrich was indicted, Baldrich and the government discussed a possible plea agreement. Baldrich ultimately declined the govern- ment’s offer, but on May 23, 2005, the day before trial, Bal- drich notified the government and the district court of his intention to plead guilty to six of the nine counts without the benefit of a plea agreement. The district court accepted his plea the next day. 19986 UNITED STATES v. BALDRICH Before the August 22, 2005 sentencing hearing, the parties received the United States probation officer’s presentence report. The presentence report recommended a reduction of the defendant’s offense level by two levels pursuant to section 3E1.1(a), but did not recommend the third one-level reduction under section 3E1.1(b) because the government had not moved for the reduction.1 In addition, the probation officer submitted her confidential sentencing recommendation to the district court under seal. The district…