Hughes

MEMORANDUM **

Appellant Marcelone Hughes appeals from a 255-month sentence. Hughes was indicted on the following counts: armed bank robbery of Bank of the West in violation of 18 U.S.C. §§ 2113 (a) and (d) (Count One); brandishing a firearm during a crime of violence on August 13, 2002 in violation of 18 U.S.C. § 924 (c)(1) (Count Two); armed bank robbery of Golden One Credit Union in violation of 18 U.S.C. § 2113 (a) and (d) (Count Three); brandishing a firearm during a crime of violence on August 26, 2002 in violation of 18 U.S.C. § 924 (c)(1) (Count Four); narcotics user in possession of a firearm in violation of 18 U.S.C. § 922 (g)(3) (Count Five); possession of cocaine base in violation of 21 U.S.C. § 844 (a) (Count Six); and, possession of marijuana in violation of 18 U.S.C. § 844 (a) (Count Seven).

Count Six was dismissed before trial. After a three-day jury trial Hughes was found guilty of Counts Three, Four, Five, and Seven. The jury hung as to Counts One and Two. Thereafter, Hughes pleaded guilty to Count One; in exchange the government dismissed Count Two. Hughes was sentenced to 255 months in prison. The term consisted of 135 months as to Counts One and Three, 120…