United States v. Smith

MEMORANDUM ***

Horatio Demarious Smith originally pled guilty to two counts of bank robbery in violation of 18 U.S.C. § 2113 (a). He withdrew his plea, however, after realizing that the plea agreement would not protect him from being sentenced as a career offender pursuant to the United States Sentencing Guidelines (“Guidelines”) § 4B1.1. The jury convicted Smith on both counts.

On appeal, Smith challenges his convictions and his sentences. He argues that: (1) the evidence that the banks were FDIC insured was insufficient to prove that element of the crimes; (2) the district court did not make the findings required by Federal Rule of Criminal Procedure 32(i)(3)(B); (3) the district court erred in sentencing him as a career offender because it erroneously found that he had three prior convictions for felony crimes of violence; and (4) the district court erred in denying him a downward adjustment for acceptance of responsibility. We affirm the convictions and sentences.

A review of the record demonstrates that the bank employees’ testimony and the documentary evidence of FDIC insurance admitted at trial were sufficient for a rational jury to determine that the banks were, in…