United States v. Antonio McKinney

Following a jury trial, Antonio McKinney was convicted of conspiracy, 18 U.S.C. § 371 ; armed bank robbery, 18 U.S.C. § 2113 (a) & (d); and using a firearm during a crime of violence, 18 U.S.C. § 924 (c)(1). He was sentenced to 106 months imprisonment. On appeal, McKinney challenges both his conviction and his sentence. In an unpublished memorandum filed concurrently, we reject McKinney’s challenges to his conviction. In this opinion, we vacate McKinney’s sentence and remand for the district court to award him a two-level reduction in his base offense level for acceptance of responsibility.

I.

On April 27, 1992, three people (one of whom wielded a gun) robbed the Bank of America branch in Beaumont, California and stole a total of $20,419 in cash. They placed the money into a black nylon duffel bag, and then ran out the north exit of the bank. Witnesses outside the bank told police officers that five African-American men generally matching the descriptions of the robbers had run into an apartment on the north side of the bank. The police went to the apartment and spoke with the tenant, Maryann Frausto. They told her that they were looking for suspects in an armed robbery. They…