United States v. Jorge Ramirez Acosta

Jorge Ramirez Acosta pleaded guilty to bank robbery in violation of 18 U.S.C. § 2113 (a). The district court sentenced him to 100 months in custody, a departure from the Federal Sentencing Guidelines (“guidelines”) range of 46-57 months. On appeal, Acosta contends that: (1) the district court failed to give him notice of and an opportunity to be heard on the court’s decision to depart from the guidelines; (2) the district court failed to specifically identify aggravating circumstances not accounted for by the guidelines in explaining its departure from the guidelines; and (3) the district court’s departure from the guidelines was unreasonable. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm.

BACKGROUND

After Acosta pleaded guilty to bank robbery, a sentencing hearing was set for September 26,1988. A presentence report prepared by the U.S. Probation Office calculated a guidelines sentencing range of 46-57 months, but recommended departure from the guidelines based on Acosta’s extensive criminal history, membership in a prison gang, parole violations, and dangerousness. The presentence report recommended a sentence of 210 months. Acosta contested…