U.S. v. Moore-Bey

1 Citing case

  1. United States v. Washington

    123 F. Supp. 2d 291 (E.D. Pa. 2000)   Cited 1 times
    Finding that offense was not non-violent where defendant put a label-making gun covered with dark material to teller's head, threatened to "take you all out," then held teller's collar while walking her with the fake gun pressed to her neck

    The defendant's long history of dangerous conduct thus indicates that incarceration is required to protect the public. See generally United States v. Moore-Bey, 981 F. Supp. 688, 689-90 (D.D.C. 1997) (denying departure based on long criminal history, which included numerous bank robberies); United States v. Bradshaw, No. 96 CR 485-1, 1999 WL 1129601, at *3-4 (N.D. Ill. Dec. 3, 1999) (denying departure in bank robbery case where 13 prior convictions included two armed robberies, robbery with threat of force, and aggravated battery). The Guidelines also do not permit a departure where the "facts and circumstances" of the instant offense "indicate a need to protect the public because the offense involved actual violence or a serious threat of violence." U.S.S.G. ยง 5K2.13.