United States v. Jesus Castro-Cervantes
Opinion
Opinion
Noonan, J.
Jesus Castro-Cervantes appeals from a sentence imposed upon him by the district court for bank robbery. We remand.
FACTS
On September 21,1988 Castro-Cervantes was indicted on seven counts of unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). On November 21,1988 he pleaded guilty to counts 1 and 2, pursuant to a plea agreement whereby the government dropped the remaining five counts and he agreed to accept responsibility for two uncharged bank robberies for which the government agreed not to indict him.
According to the presentence report of the probation officer, Castro-Cervantes admitted the seven robberies of banks in August and September 1988 charged in the indictment, plus two earlier robberies on July 25, 1988 and August 8, 1988. He robbed the banks in order to purchase heroin. A man named Oscar helped him write the demand notes and drove him to the banks they had targeted. He split the proceeds with Oscar and another man named Santiago who accompanied them on most of the robberies. In the first robbery that he committed, a dye pack exploded when he tried to take it out of the bank. Oscar told him to remove the dye pack the next time.