United States v. Lawrence Dean Faulkner
Opinion
Opinion
Fletcher, J.
Faulkner appeals the district court’s upward departure from the Sentencing Guidelines following his conviction on five counts of bank robbery. Faulkner argues that the district court failed to give adequate reasons for departure and for the extent of departure. We vacate and remand for re-sentencing.
FACTS AND PRIOR PROCEEDINGS
Faulkner was indicted under 18 U.S.C. § 2113 (a) on eight counts of bank robbery in two separate indictments, one for three robberies in the Eastern District of California and one for five robberies in the Northern District. The proceedings were consolidated in the Eastern District.
Faulkner performed all of his charged robberies with the aid of a toy gun. In his most lucrative heist, he stole $27,205. The charged robberies were committed between March and May of 1988. When Faulkner committed the last robbery, he was awaiting sentencing on a state charge of false imprisonment to which he had pleaded nolo contendere. After the FBI apprehended Faulkner in connection with the bank robberies, he admitted to the FBI (or at the very least provided inculpatory evidence) that he had committed five other robberies in addition to the eight for which he was…