UNITED STATES of America, Plaintiff-Appellee, v. Melbourne SHAW, Defendant-Appellant

Melborne Shaw pled guilty to all three counts of the first superseding indictment: (1) conspiracy to commit armed bank robbery, in violation of 18 U.S.C. § 371 ; (2) armed bank robbery, in violation of 18 U.S.C. § 2113 (d); and (3) use of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924 (c). Shaw appeals his sentence. We have jurisdiction over this timely appeal. 28 U.S.C. § 1291 . We affirm.

I. Background.

On October 14, 1994, appellant Shaw, Paul Gray, Sean Howard, and a juvenile committed an armed bank robbery of the Beckman Employee Credit Union (“credit union”) in Azusa, California. All four robbers entered the credit union, armed with firearms. During the robbery, co-conspirator Howard, who was the getaway driver, left. Without a getaway vehicle, the remaining robbers, including appellant, carjacked a credit union customer whose car was in the parking lot. A police pursuit ensued with speeds in excess of 100 miles per hour at some points of the twenty-one mile chase. While Gray drove the vehicle, Shaw and the juvenile fired shots at the police ears. Two police cars were hit by bullets. The robbers in the carjacked car also sideswiped…