United States v. David Paul Colussi

David Paul Colussi appeals his 210-month sentence imposed following his guilty plea to bank robbery in violation of 18 U.S.C. § 2113 (a). Colussi contends the district court erred in denying Colussi’s request for a one level reduction pursuant to U.S.S.G. § 3El.l(b) because the court mistakenly concluded that the matter was discretionary, failed to make any findings of fact, and mistakenly concluded that defendant had stipulated to a two point reduction for acceptance of responsibility only. We have jurisdiction under 28 U.S.C. § 1291 . We vacate and remand for further proceedings to determine whether Colussi is eligible for an additional reduction of one level for timely plea of guilty pursuant to U.S.S.G. § 3E 1.1(b)(2).

I.

On March 6, 1992, David Paul Colussi robbed a bank in Long Beach, California using his fingers to pretend he had a gun and telling the teller: “This is a robbery, give me the money. I have a gun, put it in the bag.” Four days later, Colussi was apprehended by Long Beach police officers. His response was “You got me. I did it.” An indictment was issued on May 12, 1992. On August 3, 1992, Colussi was arraigned, he pled not guilty, and trial was set for…