United States v. Edmond Khaton

Edmond Paul Khaton appeals the sentence imposed on him under the Sentencing Guidelines for bank robbery and use of a firearm during a crime of violence. Khaton contends that the district court (1) erroneously concluded that it lacked discretion to depart downward, even though his “career offender” status significantly over-represented his criminal history, and (2) should have granted him a two-point reduction for acceptance of responsibility. We find that Khaton waived his right to appeal the sentence as part of his plea agreement. The appeal is dismissed.

I.

Khaton committed a string of bank robberies in the San Francisco Bay area in December 1992. In four of the five robberies, Khaton was armed with a pistol. State and local police officers apprehended Khaton as he fled from the fifth robbery. A federal grand jury indicted Khaton on five counts of armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d), three counts of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g), and five counts of using a firearm during a crime of violence in violation of 18 U.S.C. § 924 (c).

On February caped custody while federal marshals were escorting him to a…