United States v. Glenn Ruel Burnett

Glenn Burnett appeals the sentence imposed following his guilty plea to one count of bank robbery. Burnett argués the district court erred by applying the Sentencing Guidelines’ five-level firearm enhancement based on his use of a starter pistol to commit the robbery. Burnett also claims the district court erred by concluding it did not have discretion to depart downward for aberrant behavior. We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we vacate and remand in part and dismiss in part.

I

On July 8, 1992, a hot and muggy summer day, Burnett entered a bank in Simi Valley, California wearing a fake beard, a floppy hat pulled down over his eyes, sunglasses, and a green jogging suit. Concerned about Burnett’s strange appearance and suspicious behavior, bank personnel called the police. Before the police arrived, however, Burnett left.

A short time later, Burnett returned to the bank. A bank employee again called the police and activated the bank’s alarm system. Burnett approached a teller and told her he had a bomb and a gun. He showed the teller a grey block with wires attached and the weapon. Burnett demanded money, and the teller gave him $379 from the cash drawer.…