United States v. Mark Edward Cain

685 F.2d 326 UNITED STATES of America, Plaintiff-Appellee, v. Mark Edward CAIN, Defendant-Appellant. No. 82-1064X. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 9, 1982. Decided Aug. 25, 1982. 1 Edward P. Moffat, Fresno, Cal., for defendant-appellant. 2 Phillip S. Cronin, Asst. U. S. Atty., Fresno, Cal., for plaintiff-appellee. 3 Appeal from the United States District Court for the Eastern District of California. 4 Before CHAMBERS and WALLACE, Circuit Judges, and JAMESON, * District Judge. 5 Appellant pleaded guilty to bank robbery ( 18 U.S.C. § 2113 (a)) and was thereafter the subject of a thorough psychiatric review prior to sentencing. The district judge offered him the option of a voluntary commitment to a state mental institution, but appellant flatly refused the offer. He was then sentenced to ten years under 18 U.S.C. 4205, well within the twenty-year maximum for the offense in question. He argues that the sentence is disproportionate to the offense, given his background. 6 The sentence was well within statutory maximum limits and there are no reasons advanced by appellant that would justify our interference with the trial judge's sentencing…