Sawyer

MEMORANDUM *

Spencer Sawyer appeals his conviction under 18 U.S.C. § 2113 (a) and (d) and § 924(c) for conspiracy, bank robbery, and firearms charges. Sawyer contends that the district court erred in admitting a taped conversation between himself and other co-conspirators, and erred in displaying a transcript of the conversation to the jury. He also argues that his sentence of 1015 months, which reflects mandatory minimum terms for firearms charges, violates the Eighth Amendment. Finally, Sawyer argues that the district court erred in applying sentencing enhancements pursuant to U.S.S.G. § 2B3.1(b)(4)(B) for physical restraint of a victim.

Sawyer was a member of a bank robbery gang that conducted a series of robberies of federally insured banks in Sacramento between November 30, 1996, and March 15,1997. Although Sawyer was not physically present in any of the robbed banks, he was the “mastermind” behind the robberies, giving direction to the other members of the gang and providing the outfits and guns that they used.

On October 24-25, 1999, the jury returned a guilty verdict on all nine counts in the Indictment. Sawyer was sentenced to a total of 1015 months in custody. The…