United States v. Earl Thomas Anderson

Earl Thomas Anderson was convicted of armed bank robbery and sentenced to forty-six months under the sentencing guidelines. The district court included in the calculation of Anderson’s total offense level an upward adjustment for being an organizer, leader, manager, or supervisor under U.S.S.G. § 3Bl.l(c), even though it assumed that Anderson was the only person criminally responsible for committing’ the offense. While the guideline itself says nothing about requiring more than one criminally responsible person, the Introductory Commentary instructs that § 3B1.1 applies only if the offense involves more than one participant, and Application Note 1 defines “participant” as a “person who is criminally responsible for the commission of the offense.” This case requires us to determine the proper weight to be given to the sentencing guidelines’ commentary and the correct interpretation of § 3B1.1(c) in light of the commentary. We vacate and remand.

I

On December 17, 1987, Anderson robbed a bank at gunpoint, and his codefendant, Gary Lee Hambley, drove the getaway car. Police arrested both of them. After the arrest, Hambley told officers that he had not known that Anderson was going…