Wilson
United States v. Wilson
Opinion
Lead Opinion
MEMORANDUM **
Bobby Gene Wilson, Jr. is one of several men who were involved in an attempted armed robbery of a Loomis-Fargo armored van. Wilson appeals his sentence of 270 months imprisonment. This is the third time this case has reached our Court on sentencing issues. For the reasons stated below, we will affirm Wilson’s sentence.
Procedural History
A jury convicted Wilson of conspiracy and violations of 18 U.S.C. § 1951 and § 924(c). At the original sentencing hearing, the District Court sentenced Wilson to 308 months imprisonment. The District Court did not impose an order of restitution as required under 18 U.S.C. § 3663A.
Wilson appealed his conviction and sentence and the government cross-appealed the sentence. We affirmed Wilson’s conviction but vacated his sentence and remanded for resentencing. United States v. Wilson, 18 Fed.Appx. 611, 613 (9th Cir.2001). Specifically, we remanded for an order of restitution and for a determination of whether the evidence supported the two-level sentencing enhancements sought by the government for obstruction of justice, pursuant to U.S.S.G. § 3C1.1, and for taking money belonging to a financial institution, pursuant to U.S.S.G. §…