United States v. Lawrence John Pizzichiello

Appellant raises numerous challenges to his sentence stemming from his plea of guilty to robbery affecting commerce in violation of the Hobbs Act. Specifically, appellant contends that the district court erred in ordering a two-level sentencing enhancement for obstruction of justice, in refusing to decrease the base offense level for his mitigating role in the offense, in refusing to grant downward departures on several grounds, in refusing to grant credit for good time earned while in state custody, and in awarding restitution. We conclude that these challenges lack merit, and therefore affirm the judgement below.

I. Factual and Procedural Background

This case arises out of the robbery and murder of Brian Carreiro in Montana. In 1995, appellant Lawrence Pizziehiello was living in Las Vegas, Nevada, and was on disability as a result of an accident. His Mend and the victim in this case, Brian Carreiro, was also living in Las Vegas and also had a pending disability claim. On or about August 9, 1995, Carreiro received a settlement check in the amount of $7,500. He cashed the check and deposited the proceeds into his Las Vegas bank account. Pizzichiello was aware of the…