United States v. Miguel N. Borrayo

Good Law
898 F.2d 91·1989 WL 197164
United States Court of Appeals for the Ninth CircuitFebruary 7, 199088-5354California1,717 words

Opinion

Opinion

Canby, J.

Miguel Borrayo appeals his sentence, imposed under the federal Sentencing Guidelines, of 24 months imprisonment and three years supervised release for attempted unarmed bank robbery. Borrayo contends that the sentencing court should have departed from the guidelines for several reasons. We affirm the sentence.

BACKGROUND AND PROCEEDINGS BELOW

On April 12, 1988, Borrayo attempted to rob a teller at a First Interstate Bank branch located in Los Angeles, California. He was arrested, and subsequently pled guilty to attempted unarmed bank robbery. The Probation Office prepared a presen-tence report, and concluded that the guidelines range for imprisonment was 24-30 months, and the range for supervised release was 3-5 years. The report did not recommend any departure from the guidelines.

In papers filed with the court, and at the sentencing hearing, defense counsel urged departure from the guidelines for several reasons. The court followed the guidelines, but sentenced Borrayo to the minimum of both the imprisonment and supervised release guidelines: 24 months imprisonment followed by three years of supervised release. Borrayo now appeals.

When reviewing departures from the…

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