United States v. Anthony L. Chalker

Anthony L. Chalker appeals his sentence, following a guilty plea, to one count of unarmed bank robbery. Chalker contends that the district court erred by holding that it did not have authority to credit Chalker for time served in a residential drug treatment program. Chalker also raises certain constitutional challenges to his sentence. We affirm in part, and reverse and remand in part.

FACTS AND PROCEEDINGS

On August 10, 1988, Chalker entered a branch of the Honolulu Federal Savings & Loan and presented a teller with a note demanding $6,000. The note indicated that Chalker was armed with a gun and had wired explosives to the silent alarm frequency. After taking $947 in currency from the teller, Chalker was arrested by an off-duty police officer who had become suspicious of the teller’s nervous and anxious behavior.

Chalker pleaded guilty to one count of unarmed bank robbery in violation of 18 U.S.C. § 2113 (g), and was sentenced on December 19,1989. Following what was then the law of this circuit, the district court did not sentence Chalker pursuant to the Sentencing Guidelines, instead imposing a five-year term of probation conditioned in part on Chalker's residence in and…