United States v. Victor Michel

Victor Michel appeals from the sentence imposed after he pleaded guilty to two counts of unarmed bank robbery. The district court imposed a sentence in excess of the applicable guideline range. Michel contends that the departure was unwarranted and unreasonable. We vacate the sentence and remand for further proceedings.

BACKGROUND

On January 11, 1988, Michel and his two brothers were arrested for robbing a bank that day in Hayward, California. After his arrest, Michel confessed to participating in three other bank robberies committed in December 1987. Pursuant to a preindictment plea agreement, Michel pleaded guilty to two counts of unarmed bank robbery. The district court set sentencing for June 20, 1988. A probation officer prepared a presentence report for the court. The officer calculated Michel’s “criminal history points” to total 14. See Federal Sentencing Guidelines Manual § 4A1.1. That score placed Michel in the most serious criminal history category, category VI. The probation officer calculated Michel’s sentencing guideline range to be 63-78 months.

The officer recommended, however, that the sentencing judge depart from the applicable guideline range and impose a…