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MEMORANDUM **

Crystal Page appeals the 120-month sentence imposed after she pled guilty to two counts of armed bank robbery under 18 U.S.C. § 2113 and one count of brandishing a firearm during a bank robbery under 18 U.S.C. § 924 (c). For her convictions under § 2113, Page’s total offense level was 31. As noted in the plea agreement, Page’s conviction under § 924(c) carried with it a seven year statutory minimum sentence to run consecutively with the term imposed for her § 2113 convictions.

The government filed a substantial assistance departure motion under U.S.S.G. § 5K1.1 to reduce Page’s Guidelines-recommended sentence but did not file a motion under § 3553(e) to go below the mandatory minimum sentence required by § 924(c). Based on the government’s § 5K1.1 motion, the district court reduced Page’s offense level to 23, resulting in a Guidelines range of 46 to 57 months. The court added this range to the seven year (84 months) mandatory minimum required by § 924(c) and thus concluded that Page was subject to a sentence between 131 and 142 months. Taking into consideration the 18 U.S.C. § 3553 (a) sentencing factors, the court imposed a sentence of 120 months: 36 months for…