United States v. Richard Blake Draper

Richard Blake Draper appeals sentences imposed following his guilty pleas to an indictment and an information, each charging a separate count of unarmed bank robbery, in violation of 18 U.S.C. § 2113 (a). Draper contends the district court erred in adjusting his offense level upward for obstruction of justice pursuant to U.S.S.G. § 3C1.1. We affirm.

I.

In July 1991, Draper was charged with bank robbery in a one count indictment to which he pleaded guilty. Sentencing was scheduled for November 25. In the meantime, the district court permitted Draper to remain at large, subject to the conditions of his pretrial release. These conditions required, among other things, that Draper “[rjeside at a community treatment center.”

Shortly after Draper pleaded guilty, the government sought a warrant for his arrest when he failed to return to his assigned treatment center. The district court issued the requested warrant, and Draper was arrested approximately two weeks later. In the interim, he robbed another bank. With this complication, Draper requested and received a continuance of the November 25 sentencing. He was then charged for, and pleaded guilty to, the second bank robbery.

The two…