United States v. Allen J. Richison

Richison appeals from the sentence imposed under the Sentencing Guidelines after entry of a guilty plea to one count of unarmed bank robbery. The district court adopted the offense level twenty-two set forth in the presentence report, without an adjustment for acceptance of responsibility and without objection by the defendant, and departed upward to seventy-two months from the applicable Guideline range of forty-one to fifty-one months, finding that criminal history Category I underrepresented the seriousness of the defendant’s past criminal behavior, and that his use of alcohol to excess and continued cocaine abuse were aggravating factors. Richison contends that the court should have taken an independent look at whether he was entitled to a two point reduction for acceptance of responsibility, and that the departure was unlawful and unreasonable because the court relied on circumstances that the Sentencing Commission had considered.

We find no error in the district court’s adopting the same offense level calculation offered in the presentence report or in departing based on convictions which were not included in the criminal history category. However, we vacate and remand to…