Lilly

United States v. Lilly

Good Law
918 F.2d 181
United States Court of Appeals for the Ninth CircuitNovember 14, 199036-3_19California1,346 words

Opinion

Opinion

918 F.2d 181 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Douglas Keith LILLY, Defendant-Appellant. No. 90-50077. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1990. * Decided Nov. 14, 1990. Before WILLIAM A. NORRIS, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Defendant Lilly appeals his sentence for two convictions of bank robbery. His presentence report (PSR) established his base offense level and then increased it under Sec. 2B3.1(b)(1) of the Sentencing Guidelines, which provided that the loss to a bank is presumed to be at least $5000. See United States Sentencing Commission, Guidelines Manual, Secs. 2B3.1(a), 2B3.1(b)(1), at app. C.55 (Nov.1989) [hereinafter U.S.S.G.]. 1 The PSR recommended a sentence at the top of the applicable range because Lilly had admitted to committing twenty other bank robberies, though those other robberies were not charged…

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