United States v. Gregory

MEMORANDUM **

Jay Vaughan Gregory, Jr., appeals his sentence of 20 years imprisonment imposed by the district court following his guilty plea to bank robbery, in violation of 18 U.S.C. § 2113 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gregory argues that the district court did not give notice pursuant to Federal Rules of Criminal Procedure Rule 32(h) that it would be imposing a sentence above the Sentencing Guidelines range. Because Gregory failed to raise this objection to the *591 district court, we review this claim for plain error. United States v. Hernandez, 251 F.3d 1247, 1250 (9th Cir.2001). Here, the district court notified Gregory that it contemplated a departure at the outset of the sentencing hearing and provided Gregory with ample opportunity to address the district court’s intention in light of the factors established by 18 U.S.C. § 3553 (a). Because we have indicated that a district court’s notice of a potential departure at the outset of the sentencing hearing may constitute reasonable notice of a departure for purposes of Rule 32, see Hernandez, 251 F.3d at 1251 n. 4, we conclude that the district court did not plainly err in its compliance…