United States v. Larry Gene Turner

Larry Gene Turner appeals from the judgment entered after he pled guilty on February 11, 1988, to one count of a two-count indictment charging him with bank robbery under 18 U.S.C. § 2113 (a). Turner was sentenced under the Sentencing Guidelines. Turner had an offense level of 17 and a criminal history category of VI, resulting in a guideline sentencing range of 51 to 63 months. The district court sentenced Turner to 57 months in custody. On appeal Turner seeks resentencing on the ground that (1) he should have been informed of his criminal history category under the Sentencing Guidelines prior to the entry of his guilty plea, and (2) the district court misapplied the guidelines by including two separate misdemeanors in the calculation of Turner’s criminal history category. We affirm.

I.

DISCUSSION

A. Guilty Plea

Turner contends that because “the applicable Sentencing Guidelines and factors used to arrive at those Guidelines” are a direct consequence of a guilty plea, the record must show that he was aware of them prior to entry of his plea. Turner contends that the failure of the court to inform him of the applicable offense level and criminal history category renders his…