United States v. John M. Hummasti

John M. Hummasti appeals his conviction and sentence for attempted bank robbery, in violation of 18 U.S.C. § 2113 (a), claiming that the evidence was insufficient and that the district court erroneously (1) counted two prior convictions separately when they had been consolidated for sentencing, and (2) denied a reduction for acceptance of responsibility. See United States v. Hummasti, 779 F.Supp. 1285 (D.Or.1991). We AFFIRM the conviction, but VACATE the sentence and REMAND for resentencing.

BACKGROUND

On October 31, 1990, Hummasti and a friend stole a car and drove to Portland, Oregon to rob a bank. Hummasti entered the U.S. National Bank and handed the teller a note which read, “This is a robbery, give me your money.” The frightened teller told Hummasti that her money was at the drive-in window, and asked Hummasti what he wanted her to do. Hummasti demanded money three or four more times. The teller was hesitant to move because she thought Hummasti might have a gun. After his fourth unsuccessful demand for money, Hummasti ran out of the bank.

DISCUSSION

I. Sufficiency of the Evidence

Hummasti argues that the district court erred in denying his motions for acquittal because…